DECISION

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

Mastermyne Underground Pty Ltd; T/A Mastermyne Pty Ltd
(AG2015/865)

MASTERMYNE APPIN MINE ENTERPRISE AGREEMENT 2015

Coal industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 21 APRIL 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Mastermyne Appin Mine Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Construction, Forestry, Mining and Energy Union (CFMEU), being bargaining a representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 28 April 2015. The nominal expiry date of the Agreement is 2 years from approval.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mastermyne Underground Pty Ltd, trading as Mastermyne Pty Ltd, applied to the Fair Work Commission for the approval of the Mastermyne Appin Mine Enterprise Agreement 2015. The application was made under section 234 of the Fair Work Act 2009, which provides that an enterprise agreement can be approved if it ensures that employees are not worse off in terms of their pay and conditions compared to their previous arrangements. The dispute arose as Mastermyne sought to implement changes to the existing terms and conditions of employment for its workers at the Appin Mine site.

The legal issues before the Commission included whether the proposed changes to the enterprise agreement would result in employees being worse off overall, and whether the agreement contained all the required terms under the Fair Work Act. The Commission considered the evidence presented by both parties and examined the impact of the proposed changes on various aspects of the employees' conditions, including wages, penalty rates, and working hours. The Commission also assessed whether the agreement adequately covered all the necessary matters as stipulated by the Act, including minimum rates of pay and maximum weekly hours.

The Fair Work Commission found that the proposed changes in the enterprise agreement did not result in employees being worse off overall. The Commission concluded that the agreement provided for adequate protections and benefits for employees, and that it complied with all the necessary requirements under the Fair Work Act. As a result, the Commission approved the Mastermyne Appin Mine Enterprise Agreement 2015, ensuring that it would come into effect and govern the employment conditions of the workers at the Appin Mine site.

Mastermyne Underground Pty Ltd; T/A 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