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austlii:cth/FWCA/2026/190
General information, not legal advice.
FWCA
2026-01-30
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on 30 January 2026.
s.185 - Application for approval of a single-enterprise agreement
OAKY CREEK NORTH MINE ENTERPRISE AGREEMENT 2025
Application for approval of the Oaky Creek North Mine Enterprise Agreement 2025
[1] This decision deals with an application made for approval of an enterprise agreement known as the Oaky Creek North Mine Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Oaky Creek Coal Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The Agreement does not contain a delegates rights term that is no less favourable than the modern award, pursuant to s.205A, and on that basis the term in the relevant modern award will apply and the delegates' rights term in the Agreement at clause 35 will have no effect.
[3] On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met.
[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
Clause 20.5 - Public Holidays (must be consistent with s.116 of the Act).
Clause 25 - Compassionate leave (must be consistent with s.104(1)(c)of the Act.
Clause 31 - Redundancy (will be subject to s.120 of the Act).
However, noting clause 4(a) 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] The Mining and Energy Union (MEU) lodged a Form F18 statutory declaration giving 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 is approved and will operate in accordance with s.54 of the Act from 6 February 2026. The nominal expiry date of the Agreement is 1 December 2029.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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