austlii:cth/FWCA/2025/3636
General information, not legal advice.
FWCA
2025-10-29
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Application for approval of the Middlemount Coal Enterprise Agreement 2025
[1] Middlemount Mine Management Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Middlemount Coal Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[3] The Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the MEU.
[4]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2025. The nominal expiry date of the Agreement is 30 November 2028.
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