Mesa West Pty Ltd as Trustee for The Mesa West Trust T/A Global Civil and Mining

[2023] FWCA 1656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mesa West Pty Ltd as Trustee for The Mesa West Trust T/A Global Civil and Mining

(AG2023/1637)

GLOBAL CIVIL AND MINING ENTERPRISE AGREEMENT 2023

Mining industry
COMMISSIONER HARPER-GREENWELL		MELBOURNE, 9 JUNE 2023

Application for approval of the Global Civil and Mining Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Global Civil and Mining Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mesa West Pty Ltd as Trustee for The Mesa West Trust T/A Global Civil and Mining. The Agreement is a single enterprise agreement.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 9 June 2023 and, in accordance with s.54, will operate from 16 June 2023. The nominal expiry date of the Agreement is 9 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Mesa West Pty Ltd as Trustee for The Mesa West Trust trading as Global Civil and Mining, the Fair Work Commission was asked to consider the approval of the Global Civil and Mining Enterprise Agreement 2023. The application was brought by the employer, Mesa West Pty Ltd, against its employees who are represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around whether the proposed enterprise agreement adequately addressed the terms and conditions of employment for the workforce and whether it complied with the statutory requirements under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was genuinely negotiated, met the 'better off overall test', and contained all the mandatory terms required by law. The Commission had to consider if the agreement was fair and reasonable, and if it provided for the efficient, productive and harmonious operation of the workplace. Additionally, the Commission examined if the agreement complied with the procedural fairness and whether the employer had taken reasonable steps to inform employees about the proposed agreement.

In delivering its decision, the Commission found that the enterprise agreement was genuinely negotiated and met the 'better off overall test'. The agreement was deemed fair and reasonable, providing for the efficient, productive and harmonious operation of the workplace. Furthermore, the Commission was satisfied that the employer had taken reasonable steps to inform employees about the proposed agreement, thereby upholding procedural fairness. Consequently, the Commission approved the Global Civil and Mining Enterprise Agreement 2023.

The Fair Work Commission approved the Global Civil and Mining Enterprise Agreement 2023, thereby resolving the dispute between Mesa West Pty Ltd and the CFMEU. The agreement, which sets out the terms and conditions of employment for the workforce, is now in effect and will govern the relationship between the employer and the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established