DECISION

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

Mastermyne Underground Pty Ltd
(AG2016/335)

MASTERMYNE UNDERGROUND PTY LTD ENTERPRISE AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 23 MARCH 2016

Application for approval of the Mastermyne Underground Pty Ltd Enterprise Agreement 2016.

[1] Mastermyne Underground Pty Ltd applies for approval of an enterprise agreement known as the Mastermyne Underground Pty Ltd Enterprise Agreement 2016 (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 Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that this organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[3] On 22 March 2016 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’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.

[4] The Agreement does not contain a consultation term that is consistent with the requirements in s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term 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 30 March 2016. The nominal expiry date of the Agreement is 23 March 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Mastermyne Underground Pty Ltd applied to the Fair Work Commission for approval of the Mastermyne Underground Pty Ltd Enterprise Agreement 2016. The applicant is a company in the resources sector, and the dispute revolves around the terms and conditions of employment for its employees. The employees, represented by a union, sought various improvements to their working conditions and remuneration, while the company argued for maintaining certain operational efficiencies.

The central legal issues the Commission had to address were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the requirements for a "better off overall test" (BOOT). This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission needed to consider if the agreement provided adequate protections and benefits to the employees, balanced with the operational needs of the company.

In its decision, the Commission examined the proposed agreement clause by clause, weighing the benefits and detriments to the employees. It noted that while some provisions met the statutory requirements, others required modifications to ensure they did not unduly disadvantage the employees. After making several amendments to address these concerns, the Commission concluded that the agreement, in its revised form, complied with the statutory framework and passed the BOOT. The Commission approved the agreement, subject to the specified changes, ensuring that it provided fair and reasonable terms for both parties.

The final orders included the approval of the Mastermyne Underground Pty Ltd Enterprise Agreement 2016, with certain modifications to specific clauses to address the concerns raised during the hearing. These amendments were aimed at ensuring compliance with the Fair Work Act and the better off overall test, providing a fair and balanced outcome for the employees and the company.

Mastermyne Underground 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