DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Minerals & Metals Group (MMG) Australia Ltd T/A MMG
(AG2020/3443)

MMG ROSEBERY MINE – UNDERGROUND AGREEMENT 2020

Mining industry
DEPUTY PRESIDENT CROSS	SYDNEY, 21 JANUARY 2021

Application for approval of the MMG Rosebery Mine – Underground Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the MMG Rosebery Mine – Underground Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Minerals & Metals Group (MMG) Australia Ltd T/A MMG. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers' Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2021. The nominal expiry date of the Agreement is 21 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Minerals & Metals Group (MMG) Australia Ltd T/A MMG, the applicant sought approval for the MMG Rosebery Mine – Underground Agreement 2020. The dispute centred on the terms of the agreement which aimed to establish a new underground mining operation at the Rosebery mine in Tasmania. The matter was heard in the Fair Work Commission (FWC).

The primary legal issue was whether the proposed agreement met the requirements set out in the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement provided adequate protections and benefits for the employees involved. This included scrutinising the terms related to wages, working conditions, and the overall fairness of the agreement.

The FWC examined the submissions from both MMG and the union, as well as the broader implications for the employees. After thorough consideration, the FWC found that the agreement was in the best interests of the employees. The commission noted that the agreement provided a fair balance of rights and obligations and included provisions that addressed the union's concerns. Consequently, the FWC approved the MMG Rosebery Mine – Underground Agreement 2020, subject to the terms and conditions specified in the decision.

The FWC's decision to approve the agreement was based on the conclusion that it was fair and reasonable, meeting the legislative requirements. The approval was contingent upon the agreement being implemented in accordance with the decision's terms, ensuring that the employees' rights and protections were upheld as intended.

Minerals & Metals Group (MMG) Australia Ltd T/A MMG

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established