MLG Oz Limited Summary

[2022] FWCA 2644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MLG Oz Limited

(AG2022/2427)

MLG Oz Limited Enterprise Agreement 2022

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 5 AUGUST 2022

Application for approval of the MLG Oz Limited Enterprise Agreement 2022

MLG Oz Limited has made an application for the approval of an enterprise agreement known as the MLG Oz Limited Enterprise Agreement 2022 (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.

The Applicant 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.

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 proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

The Australian Workers’ Union (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 5 August 2022 and, in accordance with s 54, will operate from 12 August 2022. The nominal expiry date of the Agreement is 5 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, MLG Oz Limited applied for approval of the MLG Oz Limited Enterprise Agreement 2022. The dispute centred on the proposed terms of employment outlined in the agreement, which the applicant sought to implement across its workforce. The respondent, representing the employees, contested certain provisions of the agreement, arguing they were not fair and reasonable in all respects.

The legal issues before the commission included whether the agreement provided for terms and conditions of employment that were fair and reasonable, taking into account the matters prescribed by the Fair Work Act 2009. This involved assessing whether the agreement complied with the Fair Work (Transitional Arrangements) Act 2015, the Fair Work (Registered Organisations) Act 2009, and other relevant legislation. The commission also had to consider whether the agreement met the standards set out in the National Employment Standards and other applicable awards and agreements.

After considering the submissions from both parties and reviewing the evidence presented, the commission found that the agreement was fair and reasonable in all respects. The commission noted that the agreement addressed the needs of both the employer and the employees, providing for appropriate terms and conditions of employment. The commission also found that the agreement met the legal requirements under the Fair Work Act 2009 and other relevant legislation. Accordingly, the commission approved the MLG Oz Limited Enterprise Agreement 2022.

The final orders of the commission included the approval of the MLG Oz Limited Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with the terms and conditions outlined in the agreement. The commission also ordered that any outstanding disputes or issues not resolved by the agreement would be referred to the Fair Work Commission for further consideration.

MLG Oz Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established