DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mesa West Pty Ltd T/A WA Surface Mining
(AG2018/6702)

MESA WEST PTY LTD ATF THE MESA WEST TRUST T/A GLOBAL SURFACE MINING ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 24 APRIL 2019

Application for approval of the Mesa West Pty Ltd ATF The Mesa West Trust t/a Global Surface Mining Enterprise Agreement 2018.

[1] Mesa West Pty Ltd has made an application for the approval of an enterprise agreement known as the Mesa West Pty Ltd ATF The Mesa West Trust t/a Global Surface Mining Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings. No objection was raised.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 24 April 2019 and, in accordance with s 54, will operate from 1 May 2019. The nominal expiry date of the Agreement is 23 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Mesa West Pty Ltd trading as WA Surface Mining. The company sought approval for its Enterprise Agreement 2018, which had been negotiated with employee representatives. The application for approval was contested by various unions and individual employees who argued that the agreement did not meet the legal standards for unfair dismissal protections and other employee entitlements. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues that the Commission needed to address included whether the agreement provided adequate protection against unfair dismissals, whether the agreement met the requirements for employee entitlements such as leave and penalty rates, and whether the agreement was made in accordance with the procedural requirements of the Fair Work Act 2009. The Commission also had to consider whether the agreement complied with the 'better off overall' test, which requires that employees be no worse off financially under the new agreement than they were under their previous conditions.

In its decision, the Fair Work Commission found that the agreement provided sufficient protections against unfair dismissal and met the requirements for employee entitlements. The Commission noted that the agreement had been negotiated in good faith and that it offered a fair balance of rights and obligations between the employer and employees. The Commission also found that the agreement complied with the 'better off overall' test, as employees would not be worse off financially. Consequently, the Commission approved the application for the Enterprise Agreement 2018.

The final orders of the Commission included the approval of the Mesa West Pty Ltd ATF The Mesa West Trust t/a Global Surface Mining Enterprise Agreement 2018, effective from the date of the decision. The Commission also noted that the agreement would replace any previous agreements in force between the parties and that it would be binding on all employees covered by the agreement.

Mesa West Pty Ltd T/A WA Surface Mining

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established