MMG Dugald River Pty Ltd T/A MMG Dugald River

[2022] FWCA 2126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MMG Dugald River Pty Ltd T/A MMG Dugald River

(AG2022/1908)

Dugald River Enterprise Agreement 2022

Mining industry
COMMISSIONER HUNT	BRISBANE, 28 JUNE 2022

Application for approval of the Dugald River Enterprise Agreement 2022

MMG Dugald River Pty Ltd T/A MMG Dugald River (the Employer) has applied for approval of an enterprise agreement known as the Dugald River Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised a concern regarding the Agreement with the Employer, and as a result, the Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertaking, allowing a period of two business days from receipt of the undertaking to provide any views. No views were received.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertaking. In accordance with s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertaking 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union (the AWU) 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) of the Act I note that the Agreement covers the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2022. The nominal expiry date of the Agreement is 28 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

MMG Dugald River Pty Ltd applied for the approval of the Dugald River Enterprise Agreement 2022. The Fair Work Commission heard the matter and needed to determine whether the agreement complied with relevant industrial laws and whether it was in the interests of the employees and the employer. The primary focus was on whether the agreement provided fair and reasonable terms for both parties and if it adhered to the Fair Work Act 2009 and associated regulations.

The Commission examined various aspects of the agreement, including wage rates, working conditions, dispute resolution mechanisms, and the process by which the agreement was made. It assessed whether the agreement was genuinely negotiated and if it provided for a fair and efficient workplace. The Commission also considered submissions from both the employer and the employees' representatives, as well as broader economic and industry context.

After careful consideration, the Commission determined that the agreement met the necessary criteria for approval. It was satisfied that the agreement was fairly negotiated, provided for reasonable terms, and aligned with the objectives of the Fair Work Act. The Commission highlighted the importance of the agreement in providing stability and predictability in the workplace, which was deemed beneficial for both the employees and the employer. Consequently, the application for approval was granted.

The Fair Work Commission approved the Dugald River Enterprise Agreement 2022, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding for both the employer and the employees, providing a framework for their industrial relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established