[1] An application has been made for approval of an enterprise agreement known as the Rix's Creek Mine Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] For the purpose of s 201(5) of the Act, I note that the Agreement will be the host employment instrument covered by the Rix's Creek Pty Ltd Regulated Labour Hire Arrangement Order [LH200017].

[3] Clause 14.2 of the Agreement is of no effect and the workplace delegates' rights term contained in the Black Coal Mining Industry Award 2020 is taken to be a term of the Agreement.

[4] On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

[5] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 February 2026. The nominal expiry date of the Agreement is 31 July 2029.

[6] The Mining and Energy Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Mining and Energy Union.

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