SUN METALS CORPORATION ENTERPRISE AGREEMENT 2024

Application for approval of the Sun Metals Corporation Enterprise Agreement 2024

[1] Sun Metals Corporation Pty Ltd T/A Sun Metals Corporation (the Employer) has applied for approval of an enterprise agreement known as the Sun Metals Corporation Enterprise Agreement 2024 (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] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Workers' Union (AWU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The AWU advised following receipt of the undertakings that it held no concerns in relation to the approval of the Agreement.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I indicated to the Employer my view that the Agreement's workplace delegates' rights term was less favourable than that contained in the Mining Industry Award 2020 (the Award). Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Award is attached to the Agreement and taken to be a term of it.

[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings 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. 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.

[6] The AWU, 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 AWU.

[7]

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2025. The nominal expiry date of the Agreement is 11 November 2028.

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