Application for approval of the Mt Owen / Glendell Mine Operations Employee Enterprise Agreement, 2025

[1] An application has been made by Glendell Mining Pty Ltd (Applicant) for approval of an enterprise agreement known as the Mt Owen / Glendell Mine Operations Employee Enterprise Agreement, 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if the requirements in ss. 186 and 187 of the Act are met.

[2] Section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards (NES).

[3] Concerns were raised that some of the terms of the Agreement may oust NES conditions. The clauses raised concerned public holiday arrangements which are inconsistent with the Act. Those provisions purport to relieve the Applicant from the obligation to pay employees who are absent on a public holiday if the employee is absent on the day before or day after the holiday. In response the Applicant clarified that to the extent of any inconsistency between those provisions and NES the NES Precedence clause at Clause 3.3 of the Agreement will apply to ensure that the NES conditions not are excluded.

[4] Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.  

[5] The Mining and Energy Union (MEU) was a bargaining representative for the Agreement and 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 the Agreement covers the MEU.

[6] The Agreement was approved on 16 May 2025 and will operate from 23 May 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is, in accordance with Clause 3.4, 23 May 2028.

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