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Fair Work Act 2009
s.185—Enterprise agreement
Macmahon Contractors Pty Ltd
(AG2017/4173)
MACMAHON BYERWEN AGREEMENT 2017
Mining industry
COMMISSIONER WILLIAMS PERTH, 28 MARCH 2018
Application for approval of the Macmahon Byerwen Agreement 2017.
[1] This application has been made for approval of an enterprise agreement known as the
Macmahon Byerwen 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 Macmahon Contractors Pty
Ltd (the Applicant). The Agreement is a single-enterprise agreement.
[2] In response to concerns I had that the Agreement does not meet the s.186 and s.187
requirements the Applicant has provided written undertakings that meet those concerns. A
copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings are
not likely to cause financial detriment to any employee covered by the Agreement or result in
substantial changes to the Agreement and I have sought the view of the bargaining
representatives.
[3] Subject to the undertakings referred to above, and on the basis of the material
contained in the application and accompanying statutory declaration, 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
4 April 2018. The nominal expiry date of the Agreement is 28 March 2022.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
[2018] FWCA 1838 [Note: An appeal pursuant to s.604 (C2018/2003) was
lodged against this decision - refer to Full Bench decision dated 27 July
2018 [[2018] FWCFB 4429] for result of appeal.]
DECISION
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/2018fwcfb4429.htm
[2018] FWCA 1838
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AE427802 PR601581
[2018] FWCA 1838
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ANNEXURE A
Macmahon Holdings Ltd ABN 93 007 634 406 PO Box 198 CANNINGTON MACMAHON Western Australla 6987 15 Hudswell Road PERTH AIRPORT Western Australia 6105 P: +61 (8) 9232 1000 F: +61 (8) 9232 1001 22 March 2018 Associate to Commissioner Williams Fair Work Commission Level 12, 111 St Georges Terrace Perth WA 6000 Dear Associate, RE: AG2017/4173 - Application for approval of the Macmahon Byerwen Enterprise Agreement 2017 In accordance with section 190 of the Fair Work Act 2009 (Cth) (FW Act), the employer, Macmahon Contractors Pty Ltd (ACN 007 611 485), provides the following undertaking in respect of the Macmahon Byerwen Enterprise Agreement 2017 (Agreement):
Schedule A - Classifications, All Purpose Hourly Rate and Base Rate of Pay Omit the tables at Schedule A to the Agreement in their entirety and replace them with the following tables: Production Structure Production Positions Classification Minimum All Purpose Hourly Rate Minimum Base Rate 7Days 7off 7Days 5 Day 2 off 7Days 7off 7Days 5 Day 2 7nights 7off 7off 7nights 7off 7off off Mineworker - Trainee Trainee $40.00 $39.50 $39.00 $35.83 $35.83 $35.83 Mineworker Operator $43.50 $43.00 $42.50 $39.03 $39.03 $39.03 Mineworker - Multi- All Rounder skilled $46.00 $45.50 $45.00 $40.91 $40.91 $40.91 Mineworker - Lead Production Specialised Operator $52.50 $52.00 $51.50 $45.10 $45.10 $45.10
[2018] FWCA 1838
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MACMAHON Maintenance Structure Maintenance Minimum All Purpose Hourly Minimum Base Rate Classification Positions Rate 7Days 7off 7Days 5 Days 7Days 7off 7Days 5 Days 2 7nights 7off 7off 2 Off 7nights 7off 7off Off
Maintenance worker Trainee Trades Unskilled Assistant $40.00 $39.50 $39.00 $36.04 $36.04 $36.04 Maintenance worker - Semi-skilled Semi Skilled Tradesperson $50.00 $49.50 $49.00 $36.73 $36.73 $36.73 Maintenance worker - Qualified Trade Qualified Tradesperson $56.50 $56.00 $55.00 $39.24 $39.24 $39.24 Maintenance worker - Experienced Experienced Trade Tradesperson $58.00 $57.50 $57.00 $41.12 $41.12 $41.12 Maintenance Worker - Specialised Specialised Tradesperson or $60.00 $59.50 $59.00 $45.31 $45.31 $45.31 Leading Hand Annual Leave The Company will not unreasonably refuse an Employee's request to take annual leave consistent with section 88 of the FW Act. Any accrued but untaken annual leave will be paid out to the Employee on termination of employment at the applicable All Purpose Hourly Rate as set out in the tables above in this Undertaking. Personal (Sick/Carer's) Leave The Company will ensure that Employees will receive personal (sick/carer's) leave entitlements no less favourable than the NES. Notice of Termination Full-time and Part-time Employees with more than one (1) years' continuous service will only be required to give one (1) week's notice of termination of employment. Part-time Employee Start and Finish Times The Company will agree start and finish times with part-time Employees at the time of engagement, with any agreed variation to the regular pattern of work recorded in writing. Casual Employees No person will be engaged by the Company under the terms of this Agreement on a casual basis for any period greater than one (1) month.
[2018] FWCA 1838
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The personal details of the employee representatives have been redacted by the Commission.
MACMAHON SIGNATURE Signed for and on behalf of Macmahon Contractors Pty Ltd (ACN 007 611 485): KBladlol KATHERINE BLACKLOCK Date: 22/3/18 . Signature on behalf of Name of person authorised the employer to sign MANAGER - HUMAN RESOURCES. Authority to sign (position)
15 HUDSWELL ROAD PERTH AIRPORT WA 6105 Address Post Code As at the date of this undertaking, the following persons are bargaining representatives for the Agreement and by signing the below, they acknowledge and agree to the terms of this undertaking as set out above: Date: 26/03/2018 Signature of bargaining Name of bargaining representative representative Date: 27/03/2018 Signature of bargaining Name of bargaining representative representative Date: 27/03/2018 signature of bargaining Name of bargaining representative representative Date: 29/3/18 Signature of bargaining Name of bargaining representative representative 28/3/18 Date: Signature of bargaining Name of bargaining representative representative
