| [2024] FWCA 3335 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Maxwell Ventures (Management) Pty Ltd
(AG2024/3322)
MAXWELL UNDERGROUND MINE LONGWALL OPERATION GREENFIELDS AGREEMENT 2024
| Coal industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 23 SEPTEMBER 2024 |
Application for approval of the Maxwell Underground Mine Longwall Operation Greenfields Agreement 2024
An application has been made for approval of an enterprise agreement known as the Maxwell Underground Mine Longwall Operation Greenfields Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.
On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.
Based on the statutory declaration provided by the organisation, I am satisfied that the Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am satisfied that the Mining and Energy Union was a bargaining representative for the Agreement. I note that the Agreement covers the Mining and Energy Union.
I am satisfied that the Agreement, considered on an overall basis, provides for pay and conditions that are consistent with the prevailing pay and conditions within the relevant industry for equivalent work.
I am satisfied that it is in the public interest to approve the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 September 2024. The nominal expiry date of the Agreement is 22 September 2028.
DEPUTY PRESIDENT
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- AGLC
- Maxwell Ventures (Management) Pty Ltd [2024] FWCA 3335
- Case
- [2024] FWCA 3335
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the agreement provided for the employees' minimum terms of employment in a manner consistent with the provisions of the relevant industrial relations act. The court needed to examine if the agreement fulfilled the statutory requirements, including ensuring that the terms were fair and reasonable, and that the process for reaching the agreement was conducted in good faith and without undue influence.
The court found that the agreement did meet the statutory requirements. It was noted that the agreement provided comprehensive details of the employees' minimum terms of employment, including wages, hours of work, leave entitlements, and other conditions. The court was satisfied that the agreement was the product of genuine bargaining between the applicant and the relevant employee representatives, and that the process was conducted in a manner that was free from any undue influence or coercion. Therefore, the court concluded that the agreement was fair and reasonable, and approved it accordingly.
As a result of the court's decision, the Maxwell Underground Mine Longwall Operation Greenfields Agreement 2024 was approved and will now form the basis of the minimum terms of employment for the longwall miners at the mine. This decision ensures that the employees' rights are protected, and that the employer and employees can operate under a clear and agreed set of terms and conditions.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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