Northern Star (Carosue Dam) Pty Ltd

Case

[2025] FWCA 3185

22 SEPTEMBER 2025


[2025] FWCA 3185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Northern Star (Carosue Dam) Pty Ltd

(AG2025/3021)

NSCD ENTERPRISE AGREEMENT 2025

Mining industry

COMMISSIONER SCHNEIDER

PERTH, 22 SEPTEMBER 2025

Application for approval of the NSCD Enterprise Agreement 2025

  1. Northern Star (Carosue Dam) Pty Ltd (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 NSCD Enterprise Agreement 2025 (the Agreement).

  1. The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

  1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

  1. Subject to the undertakings referred to above, and 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, 188, and 190 of the Act as are relevant to this application for approval have been met.

  1. 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. 

  1. The Australian Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided, I confirm that the Union is covered by the Agreement.

  1. The Agreement is approved and, in accordance with section 54(1)(b) of the Act, will operate from 22 October 2025.

  1. The nominal expiry date of the Agreement is 22 September 2029.


COMMISSIONER

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