Application for approval of the ZR Resources and the (Infrabuild Laverton North Maintenance) Agreement 2025

[1] ZR Resources Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the ZR Resources and the (Infrabuild Laverton North Maintenance) Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Column 2 of the Table at Clause 31 of the Agreement provides that Stage 1 adult apprentices will be paid 80% of the unapprenticed junior rate under the Agreement for an 18-year-old. However, the Agreement does not contain unapprenticed junior rates of pay and as such, it is unclear how Stage 1 adult apprentices will be paid and therefore whether they can be considered better off overall. Further, clause 27.1.5 makes brief references to trainees, but the Agreement is otherwise silent as to how trainees will be paid and it is unclear how trainees can be considered better off overall. The Employer has provided a written undertaking to resolve these issues.

[3] I note that clause 27.1.5 (relating to Notice of Termination with respect to apprentices) may be inconsistent with the National Employment Standards (NES) insofar as it excludes apprentices from notice of termination. The Employer has provided a written undertaking that clause 27.1.5 will have no effect during the life of the Agreement and that these clauses will not restrict an employee's entitlements under the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.

Section 190 Undertakings

[4] The Employer has provided a written undertaking. A copy of the undertakings 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 undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

[6] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and The Australian Workers' Union (AWU) being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), I note the Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and The Australian Workers' Union (AWU).

[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.   

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