MTi BLASTSHIELD Services Pty Ltd Summary

[2025] FWCA 1201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MTi BLASTSHIELD Services Pty Ltd

(AG2025/884)

MTI BLASTSHIELD SERVICES QUEENSLAND COAL ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 9 APRIL 2025

Application for approval of the MTi BLASTSHIELD Services Queensland Coal Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the MTi BLASTSHIELD Services Queensland Coal Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MTi BLASTSHIELD Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Mining and Energy Union (MEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the MEU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was heard in the Fair Work Commission, involving MTi BLASTSHIELD Services Pty Ltd, the respondent, and the Construction, Forestry, Maritime, Mining and Energy Union, the applicant. The matter concerned the approval of the MTi BLASTSHIELD Services Queensland Coal Enterprise Agreement 2025. The applicant sought the Commission's endorsement of the proposed enterprise agreement, which it had negotiated with the respondent. The legal issues that the Commission was required to determine involved whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009, specifically the provisions related to the content and form of the agreement.

In delivering its decision, the Commission considered the provisions of the Fair Work Act 2009, as well as the Fair Work (Registered Organisations) Act 2009. The Commission noted that the proposed agreement contained all the required elements as outlined in the Act, including provisions related to the parties involved, the duration of the agreement, and the terms and conditions of employment. The Commission was satisfied that the agreement was in compliance with the statutory requirements and that it fairly reflected the terms of the agreement negotiated between the parties. The Commission approved the proposed enterprise agreement, subject to certain conditions and modifications, including the removal of certain provisions that were found to be inconsistent with the Act.

Consequently, the Commission issued an order approving the MTi BLASTSHIELD Services Queensland Coal Enterprise Agreement 2025, subject to the modifications and conditions specified in the decision. The agreement was to take effect from the date of the decision and was to be registered by the parties with the Fair Work Commission. The decision represented a significant milestone for the parties involved, as it provided certainty and stability in their industrial relations arrangements for the duration of the agreement. The Commission's decision also highlighted the importance of ensuring that enterprise agreements comply with the relevant statutory requirements to ensure that they are fair and effective in addressing the needs of both employers and employees.

MTi BLASTSHIELD Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established