Mine Consultants Australia (MCA) Pty Ltd T/A MCA Pty Ltd

[2013] FWCA 6779

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mine Consultants Australia (MCA) Pty Ltd T/A MCA Pty Ltd
(AG2013/7957)

MINE CONSULTANTS, AUSTRALIA ENTERPRISE AGREEMENT 2013

Mining industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 10 SEPTEMBER 2013

Application for approval of the Mine Consultants, Australia Enterprise Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as the Mine Consultants, Australia Enterprise Agreement 2013 (“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 relevant to this application for approval has been met.

[3] The applicant has given undertakings in relation to the agreement which are attached to this decision and the back of the agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2013. The nominal expiry date of the Agreement is four years from approval.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for approval of the Mine Consultants, Australia Enterprise Agreement 2013, involving Mine Consultants Australia (MCA) Pty Ltd, trading as MCA Pty Ltd, and the Construction, Forestry, Mining and Energy Union. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The application was brought before the Commission by the employer, MCA Pty Ltd, seeking formal endorsement of the agreement which had been negotiated with the union.

The primary legal issues before the Commission involved assessing whether the agreement complied with the statutory provisions of the Fair Work Act 2009. This included examining if the agreement was made in good faith, whether it provided for a direct or indirect safety net, and if it included minimum terms and conditions. Additionally, the Commission needed to determine if the agreement met the requirements for proper notice and consultation with the employees.

In its decision, the Commission reviewed the provisions of the agreement and the process by which it was negotiated. It found that the agreement was made in good faith and contained appropriate terms and conditions. The Commission also concluded that the agreement provided for a direct safety net and did not unfairly disadvantage any employees. Consequently, the Commission approved the agreement, confirming its compliance with the statutory requirements. The Commission's decision was based on the comprehensive evidence presented by both parties and the adherence of the agreement to the legal standards.

The Fair Work Commission approved the Mine Consultants, Australia Enterprise Agreement 2013, thereby resolving the application brought by Mine Consultants Australia (MCA) Pty Ltd, trading as MCA Pty Ltd. This decision affirms the agreement as meeting all necessary legal criteria under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established