Mastermyne Underground Pty Ltd

[2021] FWCA 3527

[2021] FWCA 3527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mastermyne Underground Pty Ltd
(AG2021/3985)

MASTERMYNE UNDERGROUND PTY LTD ENTERPRISE AGREEMENT 2020

Coal industry
COMMISSIONER JOHNS	SYDNEY, 18 JUNE 2021

Application for approval of the Mastermyne Underground Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mastermyne Underground Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mastermyne Underground Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

[2] On 16 June 2021 I published a decision ([2021] FWC 3483) (Interim Decision). In the Interim Decision I held that I was not satisfied,

a) that Mastermyne took all reasonable steps to explain the terms of the Agreement or the effect of those terms to relevant employees because of misstatement it made about the operation of a productivity bonus;
b) that the relevant employees genuinely agreed to the Agreement as described in s.188 of the FW Act; and
c) as to the matter in s.186(2)(a) of the FW Act.

[3] However, consistent with the decision in BCG (No 2)    1 and Karijini Rail2 I allowed the Applicant an opportunity to proffer an undertaking to meet my concern. I gave the Applicant until 9.00 am today to do so.

[4] The Employer has provided written undertakings. It satisfies my concern about the misstatement. A copy of the undertakings is attached in Annexure A. I am further 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. The undertakings are taken to be a term of the agreement.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2021. The nominal expiry date of the Agreement is 17 June 2025.

COMMISSIONER

Annexure A

 1   [2018] FWC 6936.

 2   Construction, Forestry, Maritime, Mining and Energy Union v Karijini Rail Pty Ltd[2020] FWCFB 958 at [107].

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