FCM (FOUNDATION CIVIL AND MINING) LATROBE VALLEY POWER STATIONS & MINES (MECHANICAL) ENTERPRISE AGREEMENT 2025

Application for approval of the FCM (Foundation Civil & Mining Pty Ltd) Latrobe Valley Power Stations & Mines (Mechanical) Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the FCM (Foundation Civil & Mining Pty Ltd) Latrobe Valley Power Stations & Mines (Mechanical) 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 Foundation Civil & Mining Pty Ltd Trading AS Foundation Civil & Mining. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Construction, Forestry and Maritime Employees Union and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 22.9.5.2 - Sick / Personal Leave

However, noting clause 6.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2025. The nominal expiry date of the Agreement is 31 March 2028.

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