Application for approval of the Dendrobium Coal Preparation Plant Enterprise Agreement 2025

[1] An application has been made by Illawarra Coal Holdings Pty Ltd Trading AS Gm3 (Applicant) for approval of an enterprise agreement known as the Dendrobium Coal Preparation Plant 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] 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.  

[3] Clause 4.1 of the Agreement purports to fix the commencement of the Agreement's operation at the date of approval. Section 54 of the Act provides that enterprise agreements will either operate 7 days after approval (s54(1)(a)) or from any later date specified in the agreement (s54(1)(b)). An earlier date cannot be fixed. Accordingly, where the Agreement is approved on 15 April 2024 it will operate from 22 April 2025 in accordance with s.54(1)(a) of the Act.

[4] The nominal expiry date of the Agreement is, in accordance with Clause 4.1 of the Agreement, four years from the date of this approval decision. Accordingly, the Agreement will expire on 15 April 2029.

Printed by authority of the Commonwealth Government Printer