Fair Work Act 2009

s 225 - Enterprise agreement

EVOLUTION MINING - EDNA MAY OPERATIONS - 2017 ENTERPRISE AGREEMENT

Application for termination of the Evolution Mining - Edna May Operations - 2017 Enterprise Agreement

[1] This decision concerns an application made by Edna May Operations Pty Ltd (the Applicant) on 2 July 2025 for the termination of the Evolution Mining - Edna May Operations -2017 Enterprise Agreement[1] (the Agreement) made under s 225 of the Fair Work Act 2009 (Cth) (the Act). The Agreement passed its nominal expiry date on 16 August 2021.

[2] Section 225 of the Act provides that an employer covered by an enterprise agreement can apply to the Commission for the termination of an agreement if the agreement has passed its nominal expiry date. Evidently, given the nominal expiry date of the Agreement and that the Applicant is the employer covered by the Agreement, the Applicant has standing.

[3] Thereafter, the Commission is obliged to terminate the enterprise agreement if satisfied that the subsections of s 226 have been met.

226 Terminating an enterprise agreement after its nominal expiry date

(1) If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that the continued operation of the agreement would be unfair for the employees covered by the agreement; or

(b) the FWC is satisfied that the agreement does not, and is not likely to, cover any employees; or

(i) the FWC is satisfied that the continued operation of the enterprise agreement would pose a significant threat to the viability of a business carried on by the employer, or employers, covered by the agreement;

(ii) the FWC is satisfied that the termination of the enterprise agreement would be likely to reduce the potential of terminations of employment covered by subsection (2) for the employees covered by the agreement;

(iii) if the agreement contains terms providing entitlements relating to the termination of employees' employment - each employer covered by the agreement has given the FWC a guarantee of termination entitlements in relation to the termination of the agreement.

(1A) However, the FWC must terminate the enterprise agreement under subsection (1) only if the FWC is satisfied that it is appropriate in all the circumstances to do so.

(2) This subsection covers a termination of the employment of an employee:

(a) at the employer's initiative because the employer no longer requires the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or

(b) because of the insolvency or bankruptcy of the employer.

(3) In deciding whether to terminate the agreement, the FWC must consider the views of the following covered by the agreement:

(a) the employees (unless there are no employees covered by the agreement);

Note: The President may be required to direct a Full Bench to perform a function or exercise a power in relation to the matter if any of the employers, employees, or employee organisations, covered by the agreement oppose the termination (see subsection 615A(3)).

(4) In deciding whether to terminate the agreement (the existing agreement), the FWC must have regard to:

(a) whether the application was made at or after the notification time for a proposed enterprise agreement that will cover the same, or substantially the same, group of employees as the existing agreement; and

(b) whether bargaining for the proposed enterprise agreement is occurring; and

(c) whether the termination of the existing agreement would adversely affect the bargaining position of the employees that will be covered by the proposed enterprise agreement.

(5) In deciding whether to terminate the agreement, the FWC may also have regard to any other relevant matter.

[4] In support of its application, the Applicant has provided a declaration made by Richard Jones (Jones), Company Secretary of the Applicant.

[5] Jones explained that the Applicant became a wholly owned subsidiary of Ramelius Resources Ltd (RRL) by way of completion of a share sale agreement with Evolution Mining Limited (EVN) on 3 October 2017. Jones submitted that since its acquisition from EVN, the Applicant has been, and remains, wholly owned by RRL. The Applicant's primary asset is the Edna May Gold Mine located some 350km east of Perth in Western Australia. In April 2025, after having experienced increased costs, both in capital and operating areas, married with reduced returns, RRL decided to put the Applicant's operations on hold, except for environmental permitting.

[6] As of 21 January 2025, the Applicant had 70 employees. However, having regard to the transition of the mine to care and maintenance, by the end of May 2025, the Applicant is said to have made all positions redundant (with accompanying dismissals) apart from eight positions. Jones stated that as of 1 July 2025, there are seven employees employed at the Edna May Gold Mine employed in a care and maintenance capacity. Having reviewed the materials filed by the Applicant, it is evident that the remaining employees are not covered by the Agreement. It follows, as was declared in the Applicant's Form F24C, that there are no employees employed under the Agreement.[2] Jones submitted that there are no operations underway or contemplated by the Applicant, and RRL is not carrying out or considering activities which may require a restart of the Applicant's operations.

[7] The Applicant did not object to the Commission determining the application on the papers, and as such I considered that to be the appropriate course.

[8] The views of the Applicant have been considered, and I accept the evidence of Jones, which is set out in the declaration, and within the comprehensive submission that he has filed on behalf of the Applicant. I am satisfied that there are no employees covered by the Agreement and that the Applicant does not intend to employ any future employees who would be covered by the Agreement.

[9] There is no evidence before me suggestive that there is bargaining for a new enterprise agreement. It follows that the termination of the Agreement would not have any detrimental impact or result in a shift in bargaining power, in relation to enterprise bargaining, for the Applicant or other relevant party. Further, there does not appear to be any other relevant matter that warrants consideration.

[10] It is noted that no registered organisations are covered by the Agreement.

[11] I am satisfied that the Agreement does not, and is not likely to, cover any employees, and that it is appropriate in all the circumstances to terminate the Agreement.

[12] Accordingly, the Agreement is terminated and pursuant to s 227 of the Act, the termination is to take effect on and from the date of this decision. An Order[3] to this effect is issued concurrently with this decision.

[1] [2017] FWCA 4292.

[2] Form F24C - Declaration in relation to termination of an enterprise agreement after the nominal expiry date [2.1].

[3] PR789569.

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