DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mastermyne Pty Ltd T/A Mastermyne
(AG2017/3640)

MASTERMYNE PTY LTD QUEENSLAND DRIVAGE- ENTERPRISE AGREEMENT 2017

Coal industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 OCTOBER 2017

Application for approval of the Mastermyne Pty Ltd Queensland Drivage - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mastermyne Pty Ltd Queensland Drivage - Enterprise Agreement 2017 (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.

[2] The Applicant 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.

[3] 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.

[4] The Construction, Forestry, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2017. The nominal expiry date of the Agreement is 12 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Mastermyne Pty Ltd, trading as Mastermyne, applied for the approval of the Mastermyne Pty Ltd Queensland Drivage - Enterprise Agreement 2017. The application was made under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees within the Drivage Division of Mastermyne Pty Ltd in Queensland. The Fair Work Commission was tasked with determining whether the agreement met the criteria for registration under the Act.

The primary legal issues the court had to decide were whether the agreement was a "good faith" bargain, whether it was made in accordance with the procedural requirements, and whether it provided for the proper protection of employees' rights. The court also needed to ensure that the agreement did not have an adverse effect on employees' wages and conditions and did not discriminate against particular groups of employees. The Commission considered submissions from Mastermyne Pty Ltd, the employees' representative, and other interested parties.

The Fair Work Commission found that the agreement was a genuine attempt to achieve a balance between the interests of the employer and the employees. The Commission noted that the agreement had been negotiated in good faith and that all procedural requirements had been met. The Commission also concluded that the agreement provided adequate protection of employees' rights and did not adversely affect their wages and conditions. Given these findings, the Commission approved the Mastermyne Pty Ltd Queensland Drivage - Enterprise Agreement 2017.

The Fair Work Commission approved the Mastermyne Pty Ltd Queensland Drivage - Enterprise Agreement 2017. The Commission found that the agreement was a genuine attempt to achieve a balance between the interests of the employer and the employees, and that it met all the criteria for registration under the Fair Work Act 2009.

Mastermyne Pty Ltd T/A Mastermyne

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established