Since the mine`s inception in 2017, the Byerwen contractor has provided open pit operations and employs more than 430 people at the site. Macmahon challenged the CFMEU hearing on the application for an agreement. AMMA welcomes an injunction from the Fair Labour Commission (FWC) in which it refused to grant an application from an unsealed representative to be heard in an application for approval of an agreement. The Commissioner added that the absence of opposition is the most common situation in applications for authorization and is by no means unusual or inconsistent with the Fair Work Act. For advice and assistance in establishing the contract, including pre-authorization steps and compliance with BOOT, contact an AMMA advisor in your amMA office on site. The CFMEU acknowledged that it did not have Macmahon members involved in the conclusion of the agreement and that it did not have the “right, interest or legitimate confidence” to be heard for reasons of procedural fairness. When an employer and its employees have reached a genuine agreement, they should not face additional delays and costs caused by a foreigner interfering in the negotiation process. Nearly three weeks after Macmahon Contractors Pty Ltd (Macmahon) filed its application for approval of the Macmahon Byerwen Agreement 2017 with the FWC, CFMEU requested copies of the application form and supported the FWC`s legal declaration. AMMA believes that there are already sufficient and rigorous procedures in place to ensure that prior authorisation procedures are followed and that staff are generally better off under the agreement than at the corresponding modern price. Macmahon Holdings has been in service at the Byerwen mine since its inception in 2017, providing open pit operations and employing up to 430 people for on-site work.
“The power of appeal is denied and the Macmahon Byerwen Agreement 2017 has been amended since the date of this decision.” At the time of the request for these documents, the CFMEU indicated that it was concerned about the content of the agreement and was trying to be heard. “In this case, the vast majority of those advanced by the CFMEU is that the agreement… and satisfied with Section 186 (2)c) with respect to the NES and was born from an office comparison made by the CFMEU between the agreement and the corresponding modern arbitration award and the NES,” said the Commissioner. The Byerwen open pit operation, located approximately 20 km west of Glenden, was founded in 2017. It employs more than 430 people. “This lack of opposition to itself is not a sufficient reason for the Commission to use its discretion and for a union outside the bargaining process to be heard on the objections of one or more parties to the agreement.” AMMA welcomes this common-sense decision as a decision that supports the objectives of the Fair Work Act provisions on enterprise agreements – to create a simple, flexible and fair framework for the negotiation of collective agreements in good faith and to facilitate the establishment of enterprise agreements by ensuring that applications for approval of enterprise agreements are dealt with immediately with the FWC.