SRG Global Mining (Australia) Pty Ltd Summary

[2025] FWCA 875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SRG Global Mining (Australia) Pty Ltd

(AG2025/484)

SRG GLOBAL MINING (AUSTRALIA) PTY LTD GEOTECHNICAL ENTERPRISE AGREEMENT 2025

Mining industry
DEPUTY PRESIDENT DEAN	CANBERRA, 11 MARCH 2025

Application for approval of the SRG Global Mining (Australia) Pty Ltd Geotechnical Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the SRG Global Mining (Australia) Pty Ltd Geotechnical Enterprise 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 SRG Global Mining (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. 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. The undertaking is taken to be a term of the agreement.

Subject to the undertaking 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2025. The nominal expiry date of the Agreement is 11 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, SRG Global Mining (Australia) Pty Ltd applied for approval of the SRG Global Mining (Australia) Pty Ltd Geotechnical Enterprise Agreement 2025. The applicant sought to have the agreement, which included provisions for wages, hours of work, and other employment conditions, approved under the Fair Work Act 2009. The applicant argued that the agreement was appropriate for the workforce and represented a genuine bargain between the employer and the employees. The dispute centred on whether the agreement met the legal standards for approval and whether it was fairly negotiated and represented the interests of the employees.

The key legal issues that the Commission needed to address were whether the agreement had been genuinely bargained, whether it provided for a safety net of minimum wages and conditions, and whether it complied with the provisions of the Fair Work Act. The Commission examined the negotiation process, the content of the agreement, and the fairness of the terms and conditions proposed. The Commission also considered submissions from the parties and any relevant industrial or economic context.

After a thorough examination of the evidence and submissions, the Commission found that the agreement had been genuinely bargained and met the requirements of the Fair Work Act. The Commission noted that the agreement provided for a safety net of minimum wages and conditions, and that it was fair and reasonable in all the circumstances. The Commission approved the agreement, which will now govern the employment conditions of the employees covered by the enterprise agreement. The decision provides clarity on the legal standards for approving enterprise agreements and the considerations that the Commission will take into account in future cases.

SRG Global Mining (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established