ABLE ON SITE SERVICES AND CFMEU AND MEU YALLOURN POWER STATION & OPEN CUT MINE ENTERPRISE AGREEMENT 2025

Application for approval of the Able On Site Services and CFMEU and MEU Yallourn Power Station & Open Cut Mine Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Able On Site Services and CFMEU and MEU Yallourn Power Station & Open Cut Mine Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by I & P Contracting Services Pty Ltd & Thorpdale Contracting Services Pty Ltd T/A Able On-Site Services (the Applicant). The Agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 21 October 2025.

[3] The "Construction, Forestry and Maritime Employees Union" and the "Mining and Energy Union" 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) of the Act I note that the Agreement covers these organisations.

[4] I observe the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Clause 8 - Notice of Termination excluding Apprentices

• Clause 20.12 - Sick / Personal Leave (Notice and evidence requirements)

• Clause 20.3 - Annual Leave (Accrual)

However, noting clause 4.6 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] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 28 November 2028.

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