Greatland Pty Ltd Trading AS Telfer Gold Mine

[2025] FWCA 3186

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Greatland Pty Ltd Trading AS Telfer Gold Mine

(AG2025/3070)

GREATLAND TELFER ENTERPRISE AGREEMENT 2025

Mining industry
COMMISSIONER SCHNEIDER	PERTH, 22 SEPTEMBER 2025

Application for approval of the Greatland Telfer Enterprise Agreement 2025

Greatland Pty Ltd Trading AS Telfer Gold Mine (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Greatland Telfer Enterprise Agreement 2025 (the Agreement).

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Clause 2.3 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency. Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Mining Industry Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 September 2025. The nominal expiry date of the Agreement is 22 September 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved Greatland Pty Ltd trading as the Telfer Gold Mine, the applicant, seeking approval for the Greatland Telfer Enterprise Agreement 2025. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 for approval and registration. The applicant argued that the agreement was in the best interests of the employees, while the respondent contended that the agreement did not adequately protect employee rights and conditions.

The legal issues before the Commission were primarily concerned with the compliance of the agreement with the Fair Work Act and the process for its approval. Key questions included whether the agreement was made in good faith, whether it provided fair and reasonable terms for employees, and whether the necessary consultation and notification requirements had been met. The Commission needed to assess the balance of rights and obligations under the agreement and determine if it was fair and reasonable in all its terms.

The Commission found that the agreement was made in good faith and provided fair and reasonable terms for the employees. It noted that the agreement included provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms that were consistent with industry standards. The Commission also determined that the necessary consultation and notification processes had been followed. Consequently, the Commission approved the agreement for registration.

In its decision, the Commission ordered that the Greatland Telfer Enterprise Agreement 2025 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of registration and would govern the employment conditions of the employees covered by the agreement until it was terminated or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established