[1] Foxleigh Services Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Foxleigh Mine Enterprise Agreement 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I indicated to the Employer my view that the Agreement's existing consultation term did not meet the requirements of s.205 of the Act, and that in the event of approval, the model consultation term will be inserted into the Agreement. Pursuant to s.205(2) of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[3] The Agreement's workplace delegates' rights term is less favourable than that provided by the Black Coal Mining Industry Award 2020 (the Award). Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Award is attached to the Agreement and taken to be a term of it.

[4] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Mining and Energy Union (the MEU), being a bargaining representative for the Agreement, has given notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the MEU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

19 February 2026. The nominal expiry date of the Agreement is 19 February 2029.

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