Cape Flattery Silica Mines Pty Ltd Trading AS Cape Flattery Silica Mines

[2025] FWCA 3105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cape Flattery Silica Mines Pty Ltd Trading AS Cape Flattery Silica Mines

(AG2025/2897)

CAPE FLATTERY SILICA MINES PTY LTD ENTERPRISE AGREEMENT 2024

Mining industry
COMMISSIONER DURHAM	BRISBANE, 12 SEPTEMBER 2025

Application for approval of the Cape Flattery Silica Mines Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Cape Flattery Silica Mines Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cape Flattery Silica Mines Pty Ltd Trading AS Cape Flattery Silica Mines (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Workers’ Union (AWU); “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU); Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees’ Union (CFMEU); and Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees’ Union (MUA) each lodged their respective Form F18 statutory declarations giving notice under s.183 of the Act that each wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU, AMWU, ETU, CFMEU, and MUA.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 4 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Cape Flattery Silica Mines Pty Ltd Enterprise Agreement 2024. The applicant, Cape Flattery Silica Mines Pty Ltd trading as Cape Flattery Silica Mines, sought approval of the enterprise agreement that had been negotiated between the company and its employees, represented by a union. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement complied with the Fair Work Act. Specifically, the Commission had to determine if the agreement was fairly negotiated, met the minimum coverage requirements, and did not contain any provisions that were contrary to public policy or otherwise unlawful. The Commission also considered whether the agreement contained all the prescribed terms and whether it complied with the good faith bargaining obligations.

The Commission found that the enterprise agreement was fairly negotiated and met the minimum coverage requirements. It was noted that the agreement contained all the prescribed terms and did not include any provisions that were contrary to public policy or unlawful. The Commission also determined that the agreement complied with the good faith bargaining obligations. As a result, the Commission approved the Cape Flattery Silica Mines Pty Ltd Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established