Mineral Technologies Pty Ltd

[2024] FWCA 3538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mineral Technologies Pty Ltd

(AG2024/3563)

MINERAL TECHNOLOGIES ENTERPRISE AGREEMENT 2024

Mining industry
COMMISSIONER MCKINNON	SYDNEY, 9 OCTOBER 2024

Application for approval of the Mineral Technologies Enterprise Agreement 2024

Mineral Technologies Pty Ltd has applied for approval of a single enterprise agreement known as the Mineral Technologies Enterprise Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 16 October 2024. The nominal expiry date of the Agreement is 9 October 2027.

In accordance with s.205A(2) of the Act, the workplace delegates’ rights term in the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Mineral Technologies Pty Ltd, applied to the Fair Work Commission for the approval of an enterprise agreement. The applicant sought to establish the terms and conditions of employment for its employees under the Mineral Technologies Enterprise Agreement 2024. The dispute centred around the terms and conditions of employment, including wages, hours of work, and other provisions for employees. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the safety of employees, whether the agreement met the "better off overall test" and whether the agreement was made in good faith. The Commission also considered whether the agreement included appropriate dispute resolution provisions and whether it was consistent with the national employment standards. Additionally, the Commission examined whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirement for genuine bargaining.

The Commission found that the Mineral Technologies Enterprise Agreement 2024 met the legal requirements for approval under the Fair Work Act. The agreement provided for the safety and welfare of employees, met the better off overall test, and was made in good faith. The Commission also found that the agreement included appropriate dispute resolution provisions and was consistent with the national employment standards. The Commission concluded that the agreement complied with the relevant provisions of the Fair Work Act and approved the agreement.

The Fair Work Commission approved the Mineral Technologies Enterprise Agreement 2024 and ordered that it be registered. The approval is effective from the date of registration and will apply to all employees of the applicant who are covered by the agreement. The Commission's decision is final and binding, and no further appeal is possible.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established