DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MMG Dugald River Pty Ltd
(AG2017/1291)

DUGALD RIVER ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER LEE	MELBOURNE, 8 MAY 2017

Application for approval of the Dugald River Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Dugald River Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MMG Dugald River 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 is approved and, in accordance with s.54 of the Act, will operate from 15 May 2017. The nominal expiry date of the Agreement is 7 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MMG Dugald River Pty Ltd recently sought approval for the Dugald River Enterprise Agreement 2017 in the Fair Work Commission. The enterprise agreement, proposed between MMG and its employees, aimed to regulate various employment terms and conditions. The application was brought before the Fair Work Commission to determine if the agreement met the necessary statutory requirements and if it was fair and reasonable in all circumstances.

The primary legal issues the Fair Work Commission needed to resolve were whether the enterprise agreement complied with the Fair Work Act 2009, and whether it was made in good faith. Additionally, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions, and if it had been properly negotiated. The court also assessed if the agreement was made without coercion, undue influence, or any other improper conduct.

In reaching its decision, the Fair Work Commission examined the process through which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement was made in good faith, and it met the necessary statutory requirements under the Fair Work Act 2009. The Commission also concluded that the agreement was fair and reasonable, taking into account the interests of both parties. Consequently, the Fair Work Commission approved the Dugald River Enterprise Agreement 2017.

MMG Dugald River 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