DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MLG Oz Pty Ltd
(AG2018/162)

MLG OZ ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER JOHNS	MELBOURNE, 5 JUNE 2018

Application for approval of the MLG Oz Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the MLG Oz Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MLG Oz Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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 Agreement contained a minor error in Schedule C. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2018. The nominal expiry date of the Agreement is 4 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the matter of MLG Oz Pty Ltd arose as the company sought approval for the MLG Oz Enterprise Agreement 2018. The applicant, MLG Oz, aimed to have the agreement recognised under the Fair Work Act 2009, necessitating the court's determination of whether the agreement met the legislative requirements and if it was appropriately registered. The primary concern was the validity of the agreement, specifically if it complied with the Act's provisions regarding employee representation and the fairness of its terms.

The court was required to assess whether the agreement was made without coercion, was fairly negotiated, and whether it contained the necessary minimum terms as stipulated by the Fair Work Act. Additionally, the court examined if the agreement was appropriately registered and if the requisite steps for its approval were correctly followed. The focus was on ensuring the agreement was a genuine product of negotiation and not imposed upon the employees.

The Federal Circuit Court found that the MLG Oz Enterprise Agreement 2018 was fairly negotiated and did not exhibit any elements of coercion. It was determined that the agreement contained all the minimum terms required by the Fair Work Act and was appropriately registered. The court concluded that the agreement met the legislative requirements for approval. Consequently, the court granted the application for the approval of the agreement, confirming its validity and recognising it as a binding contract between the employer and the employees.

MLG Oz Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established