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austlii:cth/FWCA/2025/3366
General information, not legal advice.
FWCA
2025-10-15
Original judgment source is linked above.
s.185 - Enterprise agreement
Mandalay Resources Costerfield Operations Pty Limited
COSTERFIELD OPERATIONS ENTERPRISE AGREEMENT 2025
Application for approval of the Costerfield Operations Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Costerfield Operations Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mandalay Resources Costerfield Operations Pty Limited (the Applicant). The Agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 15 September 2025.
[3] An additional application has also been made under s.218A of the Act to vary the Agreement in order to correct an obvious error.
[4] The Applicant has written to Chambers and advised that Schedule 1 - Classification Structure Rates of Pay in the Agreement contained an error. The Applicant seeks the Commission's approval to rectify this error to ensure that the Enterprise Agreement accurately reflects:
Correct Base Rate for the Plant Operator with $28.17 instead of $26.96.
[5] The Applicant has provided a revised attachment which consolidates the variation. A copy of these changes has been provided to the bargaining representatives and there have been no objections received.
[6] Having reviewed this error, it is apparent in my view that such an error would fall within the scope of s. 218A(1). Accordingly, the correct Schedule 1 - Classification Structure Rates of Pay is attached to this decision in Annexure A.
[7] The variation will operate from the date on which the Agreement commences operation.
[8] "The Australian Workers' 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 this organisation.
[9] 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.
[10] 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 30 June 2029.
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