MMG Australia Limited T/A MMG Rosebery
[2024] FWCA 1594
•1 MAY 2024
| [2024] FWCA 1594 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
MMG Australia Limited T/A MMG Rosebery
(AG2024/1346)
MMG ROSEBERY MINE – UNDERGROUND AGREEMENT 2024
| Mining industry | |
| COMMISSIONER JOHNS | MELBOURNE, 1 MAY 2024 |
Application for approval of the MMG Rosebery Mine – Underground Agreement 2024
An application has been made for approval of an enterprise agreement known as the MMG Rosebery Mine – Underground Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MMG Australia Limited T/A MMG Rosebery. The Agreement is a single enterprise agreement.
An assessment of the Agreement has identified two clauses that may be inconsistent with the National Employment Standards (NES). In particular, the terms relating to:
a)Clause 24.1: annual leave; and
b)Clause 27.7: personal/carer’s leave.
Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clauses referred to above.
Noting the NES precedence clause (clause 4.3), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2024. The nominal expiry date of the Agreement is 30 April 2027.
COMMISSIONER
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