austlii:cth/FWCA/2025/4312
General information, not legal advice.
FWCA
2025-12-16
Original judgment source is linked above.
s.185 - Enterprise agreement
SRG GLOBAL MINING (AUSTRALIA) PTY LTD NSW ENTERPRISE AGREEMENT 2025
Application for approval of the SRG Global Mining (Australia) Pty Ltd NSW Enterprise Agreement 2025.
[1] SRG Global Mining (Australia) Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the SRG Global Mining (Australia) Pty Ltd NSW Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.
[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[4] The Agreement lodged contained a cross-referencing error at clause 4. The Applicant sought to correct the error and filed an amended Agreement page. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
[5] The Australian Workers' Union and the Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2025. The nominal expiry date of the Agreement is 16 December 2029.
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