DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mastermyne Pty Ltd
(AG2015/6548)

MASTERMYNE APPIN MINE ENTERPRISE AGREEMENT 2015 - 2018

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 10 DECEMBER 2015

Application for approval of the Mastermyne Appin Mine Enterprise Agreement 2015 - 2018.

[1] Mastermyne Pty Ltd applies for approval of an enterprise agreement known as the Mastermyne Appin Mine Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The application for approval of the Agreement was listed for Mention concurrently with a related application for approval of a termination of an enterprise agreement. At that Mention the CFMEU appeared and objected to the termination being approved and the related application for approval being granted. Directions were issued and the matters were listed for Hearing today.

[3] Following discussions between the parties the matters have been resolved on terms agreed between the parties. The CFMEU has advised that it withdraws its opposition to the application for approval of the Agreement and that it does not seek to give notice to be covered by the Agreement. I have considered the application for approval on the basis of the material presently before me.

[4] On 6 November 2015 undertakings were provided by Mastermyne. Mastermyne advises that of the individual employee bargaining representatives who responded, are in support of the undertakings. Pursuant to s.190 of the Act, I accept Mastermyne’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved, in accordance with s.54 of the Act, will operate from 17 December 2015. The nominal expiry date of the Agreement is 10 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mastermyne Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, the Mastermyne Appin Mine Enterprise Agreement 2015-2018. The dispute arose as the applicant sought to have the agreement approved under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, including provisions relating to the process of agreement registration and the content of the agreement itself. The Commission had to ensure that the agreement was fairly and appropriately negotiated, contained terms and conditions of employment, and did not unfairly discriminate against any group of employees.

The Commission examined the negotiation process and the content of the agreement. It considered whether the agreement was made in good faith, involved genuine negotiations, and was not made under duress or coercion. The Commission also assessed whether the agreement met the requirements for being a "single-enterprise agreement" and if it contained terms that complied with the Fair Work Act. The applicant provided evidence of the negotiation process and demonstrated that the agreement was made in good faith. The Commission found that the agreement was appropriately negotiated and contained valid terms and conditions of employment. It concluded that the agreement complied with the statutory requirements and did not unfairly discriminate against any group of employees.

In light of the findings, the Commission approved the Mastermyne Appin Mine Enterprise Agreement 2015-2018. The agreement was deemed to be fairly negotiated and compliant with the Fair Work Act. The Commission's approval meant that the agreement could be registered and enforced as a binding enterprise agreement between the parties. The Commission's decision was based on the evidence presented and its assessment of the negotiation process and the content of the agreement. The applicant's application was successful, and the agreement was approved for registration.

Mastermyne Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established