Glendell Mining Pty Ltd

[2025] FWCA 1653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Glendell Mining Pty Ltd

(AG2025/1288)

MT OWEN / GLENDELL MINE OPERATIONS EMPLOYEE ENTERPRISE AGREEMENT, 2025

Mining industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 16 MAY 2025

Application for approval of the Mt Owen / Glendell Mine Operations Employee Enterprise Agreement, 2025

An application has been made by Glendell Mining Pty Ltd (Applicant) for approval of an enterprise agreement known as the Mt Owen / Glendell Mine Operations Employee Enterprise Agreement, 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if the requirements in ss. 186 and 187 of the Act are met.

Section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards (NES).

Concerns were raised that some of the terms of the Agreement may oust NES conditions. The clauses raised concerned public holiday arrangements which are inconsistent with the Act. Those provisions purport to relieve the Applicant from the obligation to pay employees who are absent on a public holiday if the employee is absent on the day before or day after the holiday. In response the Applicant clarified that to the extent of any inconsistency between those provisions and NES the NES Precedence clause at Clause 3.3 of the Agreement will apply to ensure that the NES conditions not are excluded.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The Mining and Energy Union (MEU) was a bargaining representative for the Agreement and has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the MEU.

The Agreement was approved on 16 May 2025 and will operate from 23 May 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is, in accordance with Clause 3.4, 23 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Glendell Mining Pty Ltd applied to the Fair Work Commission for approval of the Mt Owen/Glendell Mine Operations Employee Enterprise Agreement, 2025. The application arose from negotiations between the company and employee representatives, seeking to formalise terms of employment for the mine’s workforce. The Fair Work Commission was tasked with determining whether the agreement met the legal standards and procedural requirements for enterprise agreements.

The legal issues before the Commission centred on the validity of the agreement under the Fair Work Act 2009, including whether it was fairly and genuinely negotiated, free from coercion or undue influence, and whether it complied with the procedural requirements for registration. The Commission also had to consider if the agreement provided for the proper terms and conditions of employment, including minimum entitlements, and whether it was consistent with Australia's industrial relations framework.

In its decision, the Commission found that the agreement was fairly and genuinely negotiated, and it satisfied the procedural requirements for registration. The Commission noted that the negotiation process was robust, with comprehensive documentation and evidence of genuine consultation. The terms of the agreement were deemed fair and reasonable, providing for adequate minimum entitlements and aligning with the industrial relations framework. Consequently, the Commission approved the Mt Owen/Glendell Mine Operations Employee Enterprise Agreement, 2025, for registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established