Application for approval of the Mastermyne NSW Enterprise Agreement 2025

[1] Mastermyne Nsw Pty Ltd Trading AS Mastermyne (the Employer) has made an application for approval of an enterprise agreement known as the Mastermyne NSW Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by the Black Coal Mining Industry Award 2020.

Section 586 amendment

[3] The Employer has requested the word 'Falcon' be deleted and replaced with the word 'Mastermyne' in clauses 10.1(b), 25.5(c) and 26.1(b) of the Agreement as the name of the Employer was changed. The Employer has noted that the proposed amendment does not affect any term, condition, obligation or benefit for any person covered by the Agreement. The employee bargaining representatives for the Agreement have not raised any objections to the proposed amendment. I consider it appropriate in the circumstances to allow an amendment of the Agreement in the terms sought by the Employer and do so pursuant to s.586(a) of the Act.

[4] The Commission raised the following issues with the Employer in relation to the NES:

1. Clause 24.1 of the Agreement provides for compassionate leave on death or personal injury or illness that poses a serious threat to the life of an employee's immediate family or household. The Agreement is silent regarding stillbirth or miscarriage and as such, may be read as being exclusive of these two occasions. This may be inconsistent with s.104 of the Act. I note that clause 4.5 of the Agreement provides that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply. As such clause 24.1 must be applied in accordance with the NES.

2. Clause 23.2 of the Agreement provides that the Employer and a majority of employees may agree to observe a public holiday on a day other than the day prescribed. This may be inconsistent with s.115(3) of the Act which provides that substitution may only occur by agreement between the Employer and an individual employee. I note that clause 4.5 of the Agreement ensures that clause 23.2 will be applied in accordance with the NES.

3. Clause 23.5 of the Agreement provides that an employee who fails to work on the last working day immediately before a public holiday or the first working day after the holiday without sufficient reason is not entitled to payment for such public holiday not worked. This is more restrictive than provided in s.116 of the Act. The Employer provided an undertaking to address this issue.

4. Clause 11.11 provides for abandonment of employment terms. The clause is silent regarding whether an employee who has abandoned their employment will be provided with notice of termination. If notice is not provided, the clause may be inconsistent with s.117 of the Act. The Employer provided an undertaking to address these issues.

Section 190 Undertakings

[5] The Employer provided written undertakings to address the above NES issues. A copy of the undertakings is attached as Attachment 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2025. The nominal expiry date of the Agreement is 2 May 2028.

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