Henty Gold Pty Ltd trading as Henty Gold Limited
[2025] FWCA 737
•27 FEBRUARY 2025
| [2025] FWCA 737 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Henty Gold Pty Ltd trading as Henty Gold Limited
(AG2025/265)
HENTY GOLD MINE ENTERPRISE AGREEMENT 2023
| Mining industry | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 27 FEBRUARY 2025 |
Application for approval of the Henty Gold Mine Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Henty Gold Mine Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Henty Gold Pty Ltd trading as Henty Gold Limited. The Agreement is a single enterprise agreement.
The Notice of Representational Rights (NERR) distributed to employees is a pre-6 June 2023 version of the NERR. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure 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.
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.
The Australian Workers' Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation. The AWU supports approval of the Agreement.
I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
· Clause 14(h).
However, noting clause 3(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2025. The nominal expiry date of the Agreement is 27 February 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE528177 PR784758>
Annexure A
0
0
0