Application by MacMahon Contractors Pty Ltd
Citation: [2026] FWCA 1672
What happened
MacMahon Contractors Pty Ltd sought approval for the Macmahon Surface Mining Agreement 2026, a single enterprise agreement covering employees in the mining industry. The initial application had a signature page that didn't fully comply with regulations but was later amended. The Australian Workers’ Union (AWU), acting as a bargaining representative, indicated it wanted to be covered by the agreement.
What was decided
The Fair Work Commission approved the Macmahon Surface Mining Agreement 2026. A minor irregularity in the application's signature page was waived. Due to recent Full Court and Full Bench decisions concerning delegates’ rights terms, a clause from the Mining Industry Award 2020 was incorporated into the agreement to ensure it met legislative requirements. The agreement will operate from July 6, 2026, and expire on June 29, 2030.
What it means for employers
Employers should be aware of recent decisions impacting enterprise agreements, particularly regarding delegates’ rights terms. They need to ensure their agreements align with current legal interpretations and award provisions. Amendments may be required even after initial approval.
What it means for employees
Employees covered by the Macmahon Surface Mining Agreement 2026 will benefit from the agreement's terms. The inclusion of the delegates’ rights term from the Mining Industry Award 2020 ensures certain protections and representation for employees.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →