Northern Star (Carosue Dam) Pty Ltd

[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

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).

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.

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.

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.

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 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.

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

In the recent matter of Northern Star (Carosue Dam) Pty Ltd, the Fair Work Commission was tasked with reviewing and approving an enterprise agreement proposed by the company. The dispute centred around the terms and conditions of employment, specifically those outlined in the NSCD Enterprise Agreement 2025. The Commission's role was to determine whether the agreement met the necessary statutory requirements under the Fair Work Act 2009 and to ensure that it did not adversely affect employees' rights and protections.

The primary legal issue before the Commission was whether the proposed agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. This included verifying that the agreement was genuinely negotiated, that it was free from any unfair content, and that it did not undermine the protections afforded to employees under the Act. Additionally, the Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, and other employment conditions.

In its decision, the Commission carefully examined the evidence presented and the arguments made by both parties. The Commission found that the proposed agreement adhered to the necessary procedural requirements, having been negotiated in good faith and with appropriate consultation. Regarding the substantive aspects, the Commission concluded that the agreement provided fair and reasonable terms for employees, and it did not contain any unfair content that would contravene the protections enshrined in the Fair Work Act. Therefore, the Commission approved the NSCD Enterprise Agreement 2025, affirming that it met all statutory requirements and was beneficial to both the company and its employees.

The final orders of the Commission included the formal approval of the NSCD Enterprise Agreement 2025, effective from the date of the decision. This approval ensures that the agreement is legally binding and can be implemented as intended, providing a stable framework for employment terms and conditions within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established