MEGT (Australia) Ltd Summary

[2014] FWCA 4962

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MEGT (Australia) Ltd
(AG2014/6238)

MEGT (AUSTRALIA) LTD OLYMPIC DAM APPRENTICES ENTERPRISE AGREEMENT 2014 - 2017

Mining industry
COMMISSIONER LEWIN	MELBOURNE, 23 JULY 2014

Application for approval of the MEGT (Australia) Ltd Olympic Dam Apprentices Enterprise Agreement 2014 - 2017.

[1] An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of an enterprise agreement known as the MEGT (Australia) Ltd Olympic Dam Apprentices Enterprise Agreement 2014 - 2017 (the Agreement). It has been made by MEGT (Australia) Ltd (MEGT). The Agreement is a single enterprise agreement.

[2] The application for approval of this Agreement was filed by Mr Russell Jones, National Senior Executive, Human Resources. There are four employee bargaining representatives to the Agreement.

[3] On reading the Agreement, I became concerned that the Agreement may not meet the Better Off Overall Test (BOOT) prescribed by s.193 of the Fair Work Act 2009 (the Act). Accordingly, I submitted the Agreement for analysis by the Enterprise Agreement Unit at the Fair Work Commission (the Commission) and a report was produced. A copy of that report was provided to the Applicant.

[4] In response, the Applicant provided undertakings to ensure that the Agreement may be approved pursuant to s.190(2) of the Act. The undertakings are attached as Appendix A. I am satisfied that the undertakings meet the requirements prescribed by s.190(3) of the Act and that the Agreement, together with the undertakings, will result in each employee whose employment is covered by the Agreement to be better off overall than if employed under the Award, as prescribed by s.193 of the Act.

[5] The matter was listed for e-hearing. In the absence of any person indicating they wished to be heard, the application for approval of the Agreement was determined on the papers in accordance with the requirements of the Act and on the basis of the materials lodged with the Commission in this matter.

[6] Subject to the undertakings referred to above, 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.

[7] The Agreement, together with the undertakings, is approved and in accordance with s.54 of the Act will operate seven days from the day it is approved by the Commission. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Appendix A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MEGT (Australia) Ltd, represented by the employer, applied for approval of the MEGT (Australia) Ltd Olympic Dam Apprentices Enterprise Agreement 2014 - 2017. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval and whether it was in the interests of the employees and employers involved. The applicant argued that the agreement provided for fair and reasonable terms and conditions for apprentices employed at the Olympic Dam mine. The applicant also contended that the agreement provided for the proper regulation of employment and that it was made in good faith and in accordance with the requirements of the Fair Work Act 2009.

The Commission considered several legal issues, including whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it was in the interests of the employees and employers. The Commission also examined whether the agreement was made without coercion or undue influence and whether it provided for proper regulation of employment. The Commission noted that the agreement provided for fair and reasonable terms and conditions for apprentices, including provisions for wages, hours of work, leave entitlements, and dispute resolution. The Commission also found that the agreement was made in good faith and without coercion or undue influence.

The Fair Work Commission approved the agreement, finding that it met the legal requirements for approval and was in the interests of the employees and employers involved. The Commission found that the agreement provided for fair and reasonable terms and conditions for apprentices and that it was made in good faith and without coercion or undue influence. The Commission also found that the agreement provided for proper regulation of employment and that it met the minimum terms and conditions required by the Fair Work Act 2009. The Commission noted that the agreement provided for a structured apprenticeship program that would benefit both the employees and the employer.

The Fair Work Commission approved the MEGT (Australia) Ltd Olympic Dam Apprentices Enterprise Agreement 2014 - 2017. The Commission found that the agreement met the legal requirements for approval and was in the interests of the employees and employers involved. The Commission also found that the agreement provided for fair and reasonable terms and conditions for apprentices and that it was made in good faith and without coercion or undue influence. The Commission noted that the agreement provided for a structured apprenticeship program that would benefit both the employees and the employer. The Commission approved the agreement, subject to certain modifications, and ordered that the agreement be registered with the Fair Work Commission.

MEGT (Australia) Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established