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austlii:cth/FWCA/2025/3105
General information, not legal advice.
FWCA
2025-09-12
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Cape Flattery Silica Mines Pty Ltd Trading AS Cape Flattery Silica Mines
CAPE FLATTERY SILICA MINES PTY LTD ENTERPRISE AGREEMENT 2024
Application for approval of the Cape Flattery Silica Mines Pty Ltd Enterprise Agreement 2024
[1] An application has been made for approval of an enterprise agreement known as the Cape Flattery Silica Mines Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cape Flattery Silica Mines Pty Ltd Trading AS Cape Flattery Silica Mines (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[4] The Australian Workers' Union (AWU); "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU); Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU); Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees' Union (CFMEU); and Maritime Union of Australia, a Division of the Construction, Forestry and Maritime Employees' Union (MUA) each lodged their respective Form F18 statutory declarations giving notice under s.183 of the Act that each wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU, AMWU, ETU, CFMEU, and MUA.
[5] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 4 April 2028.
Printed by authority of the Commonwealth Government Printer