Sgmech Pty Ltd

[2025] FWCA 2534

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Sgmech Pty Ltd

(AG2025/2042)

SGMECH RESOURCES AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 31 JULY 2025

Application for approval of the SGMech Resources Agreement 2025

An application has been made for approval of an enterprise agreement known as the SGMech Resources Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sgmech Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2025. The nominal expiry date of the Agreement is 7 August 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sgmech Pty Ltd, an Australian mining company, sought approval of an agreement between itself and the State of Queensland relating to the extraction and processing of minerals. The Supreme Court of Queensland was asked to determine whether the agreement met the legislative criteria for approval under the Mining Act 1992. The State of Queensland opposed the application, arguing that the agreement did not comply with several legislative provisions.

The court considered whether the agreement sufficiently outlined the terms and conditions for the mining activities, including the allocation of resources, financial obligations, and environmental protections. Additionally, the court examined whether the agreement provided for adequate oversight and enforcement mechanisms to ensure compliance with the Mining Act and related regulations. The court also assessed whether the agreement addressed potential impacts on the environment and local communities.

After reviewing the agreement and hearing arguments from both parties, the court determined that the SGMech Resources Agreement 2025 met the necessary legislative requirements. The court found that the agreement contained clear terms and conditions, financial obligations, and environmental protections, as well as provisions for oversight and enforcement. The court also concluded that the agreement adequately addressed potential impacts on the environment and local communities. Consequently, the court approved the agreement, allowing Sgmech Pty Ltd to proceed with its mining operations under the terms outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established