Application for approval of the Rio Tinto Gove Enterprise Bargaining Agreement 2026

[1] An application has been made for approval of an enterprise agreement known as the Rio Tinto Gove Enterprise Bargaining Agreement 2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rio Tinto Aluminium Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

1. Hours for Apprentices (Clause 17(b))

2. Hours of Work - Maximum Hours (Clause 29)

3. Compassionate Leave (Clause 39)

[4] Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers' Union (AWU), United Workers Union (UWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU), and "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU, UWU, ETU and AMWU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 18‎ ‎February‎ ‎2030.

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