Mineral Technologies Pty Ltd

[2020] FWCA 3185

[2020] FWCA 3185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mineral Technologies Pty Ltd
(AG2020/1275)

MINERAL TECHNOLOGIES ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER BOOTH	BRISBANE, 17 JUNE 2020

Application for approval of the Mineral Technologies Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Mineral Technologies Pty Ltd (the Applicant) for approval of the Mineral Technologies Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 3 June 2020, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided undertakings addressing the concerns raised on 8 June 2020.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] I observe that the following clauses may be inconsistent with the National Employment Standards (NES):

•  Clause 9 – notice by employee;

•  Clause 14(b) – ordinary hours;

•  Clause 16.2 – personal/carer’s leave;

•  Clause 16.3 – public holidays;

•  Clause 16.5 – jury service; and

•  Clause 16.6 – compassionate leave.

[6] However, noting the NES precedence clause inserted with the attached undertakings, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] It is also noted that the flexibility term at clause 29 of the Agreement does not appear consistent with the requirements of the Act. Accordingly, the model flexibility term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] Subject to the undertakings provided and the matters raised at paragraphs [5]-[7], I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with clause 4 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 16 June 2024.

COMMISSIONER

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Attachment A