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austlii:cth/FWCA/2025/1750
General information, not legal advice.
FWCA
2025-05-27
Original judgment source is linked above.
s.185 - Enterprise agreement
FMS Group Pty Ltd Trading AS Field Mining Services Group
Application for approval of the FMS Employee Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the FMS Employee 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 FMS Group Pty Ltd Trading AS Field Mining Services Group (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 ss.186, 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] I note that the version of the Agreement voted on by employees contained a typographical error. I have determined that it is appropriate to exercise power under s.218A of the Act to amend clause 99.3 of the Agreement from:
[6] Pursuant to s.205A(2) of the Act and clause 40 of the Agreement, the workplace delegates' rights term prescribed by the Black Coal Mining Industry Award 2020, Manufacturing and Associated Industries and Occupations Award 2020, Clerks - Private Sector Award 2020, Mining Industry Award 2020 and Building and Construction General On-site Award 2020 are taken to be a term of the Agreement.
[7] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Mining and Energy Union (MEU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and MEU.
[8]
The Agreement is approved and will operate in accordance with s.54 of the Act.
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