austlii:cth/FWCA/2026/904
General information, not legal advice.
FWCA
2026-04-09
Original judgment source is linked above.
s.185 - Enterprise agreement
Glencore Coal (Nsw) Processing Pty Ltd Trading AS Ravensworth Chpp
Application for the Approval of the Ravensworth CHPP Enterprise Agreement 2025 - Application is Approved.
[1] Pursuant to s 185 of the Fair Work Act 2009 ('Act'), an application has been made by Glencore Coal (NSW) Processing Pty Ltd T/A Ravensworth Chpp ('Applicant') for approval of a single enterprise agreement, known as the Ravensworth CHPP Enterprise Agreement 2025 ('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. The undertakings are taken to be a term of the Agreement and are annexed to the Agreement, marked 'Annexure A'.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186 - 188 and 190 of the Act are relevant to this application for approval have been met.
[4] I note that the Agreement contains an NES precedence clause at cl 2.5, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards.
[5] The Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act. I note that the Agreement covers the organisation.
[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 16 April 2026. The nominal expiry date of the Agreement is 16 April 2029.
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