Stawell Gold Mines Pty Ltd

[2024] FWCA 1063

[2024] FWCA 1063

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stawell Gold Mines Pty Ltd

(AG2024/665)

STAWELL GOLD MINES PTY LTD ENTERPRISE AGREEMENT 2024

Mining industry
COMMISSIONER TRAN	MELBOURNE, 26 MARCH 2024

Application for approval of the Stawell Gold Mines Pty Ltd Enterprise Agreement 2024

1. Stawell Gold Mines Pty Ltd has applied for approval of an enterprise agreement known as the Stawell Gold Mines Pty Ltd Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

1. The Agreement is a single enterprise agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards

• Clause 6.7 – Compassionate Leave

• Clause 2.11.1(c) – Redundancy

1. As the Agreement contains a National Employment Standards precedence clause at clause 1.3(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. 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.

1. The Australian Workers’ Union, 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 2 April 2024.

1. In accordance with clause 1.6, the nominal expiry date of the Agreement is 20 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE523952  PR772727>