Mastermyne Pty Ltd T/A Mastermyne Summary

[2018] FWCA 6453

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Mastermyne Pty Ltd T/A Mastermyne

(AG2018/2345)

Mastermyne Pty Ltd (Anglo American Metallurgical Coal Sites)Drivage Enterprise Agreement 2018

Coal industry
Commissioner Harper-Greenwell	MELBOURNE, 17 OCTOBER 2018

Application for approval of the Mastermyne Pty Ltd (Anglo American Metallurgical Coal Sites)Drivage Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Mastermyne Pty Ltd (Anglo American Metallurgical Coal Sites)Drivage Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mastermyne Pty Ltd T/A Mastermyne. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 17 October 2018 and, in accordance with s.54, will operate from 24 October 2018. The nominal expiry date of the Agreement is 24 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Mastermyne Pty Ltd trading as Mastermyne, the Fair Work Commission was tasked with approving the Mastermyne Pty Ltd (Anglo American Metallurgical Coal Sites) Drivage Enterprise Agreement 2018. The dispute arose from negotiations between Mastermyne and the Construction, Forestry, Maritime, Mining and Energy Union, which led to the proposed agreement. The Commission's role was to assess whether the agreement met the necessary legal criteria for approval, particularly focusing on compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issues before the Commission involved whether the agreement adequately addressed key terms of employment, including wages, conditions, and dispute resolution mechanisms. The Commission had to determine if the proposed agreement was made in good faith, whether it was appropriately certified, and if it adhered to the procedural requirements set out in the Fair Work Act. Additionally, the Commission examined if the agreement provided for a fair and efficient process for resolving disputes between the employer and employees.

The Commission concluded that the agreement was made in good faith and appropriately certified. It found that the agreement met the statutory requirements and provided for a fair and efficient process for resolving disputes. The Commission emphasised the importance of the good faith negotiation process and the role of the union in representing employees. After thorough consideration, the Commission approved the Mastermyne Pty Ltd (Anglo American Metallurgical Coal Sites) Drivage Enterprise Agreement 2018, acknowledging its compliance with the relevant legislative framework.

The final orders of the Commission included the approval of the enterprise agreement, which would now be binding on the parties involved. This decision reinforced the importance of adhering to the legislative requirements in the formation and approval of enterprise agreements, ensuring that both employers and employees have their rights and obligations clearly defined.

Mastermyne Pty Ltd T/A Mastermyne

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established