Author: Chloe Courtade

Court strikes down award limits on union delegates A Full Federal Court has ruled the Fair Work Commission (FWC) unlawfully narrowed workplace delegate rights in modern awards, ordering it to redo the award terms.The Federal Court found the FWC made three jurisdictional errors in varying modern awards to include a workplace delegates’ rights term.The court found the FWC impermissibly confined delegates’ representation rights to employees of the delegate’s employer, narrowed the statutory communication right and imposed absolute constraints that could unlawfully restrict the reasonable exercise of delegates’ rights.The ruling has sparked industry backlash, with Australian Resources & Energy Employer Association (AREEA) chief executive Steve Knott saying workers’ rights have been extended to engage with workplace delegates on the employer’s time and resources, provided only that they are eligible to be members of that union.“The laws create unprecedented new powers for unions, risk turning employees into de-facto union organisers, and apply across all workplaces, including non-union sites with no enterprise agreements,” he said.“ decision materially expands the scope of workplace delegate rights. It extends the right of workplace delegates, paid for by employers, to communicate with contractors and labour hire employees working at an enterprise, regardless of whether those workers are union members.”Minerals Council of Australia (MCA) chief executive Tania Constable has called the decision an “over-reach of union power”.“Today’s decision by the Full Federal Court to overturn the FWC’s orders that placed reasonable limits on the exercise of union delegate powers confirms that unions will continue to push for expanded powers which absolve union delegates of their obligations as employees and interfere with the normal performance of work,” she said.“The decision shows that the Federal Government’s Closing Loopholes legislation gives unions significantly more power than what the independent umpire determined was a fair and reasonable balance.“Australian mining companies are already feeling unprecedented cost pressures, including from industrial relations changes, mounting energy prices, lengthy and costly project approval delays and increased royalties – driving investment offshore to low-cost jurisdictions with poor environmental and emissions standards.”The MCA says it will work with other affected industries to closely review the decision and its implications and take further action as appropriate. 

Yilgarn Iron completes first shipment Yilgarn Iron has completed its first shipment with more than 176,000t of iron ore loaded through the Port of Esperance in WA.The five-day operation saw iron ore loaded onto the bulk carrier MV Densa Shark, which departed for China on Saturday.The shipment comes less than 12 months after Mineral Resources' (ASX: MIN) final export from the Koolyanobbing operations in the Yilgarn Hub, which were acquired by Yilgarn Iron Investments in June.Southern Ports chief executive officer Keith Wilks says having Yilgarn Iron come on board as the Port of Esperance's second iron ore exporter less than a year on from the operations ceasing in the Yilgarn is a great result."Two customers using our iron ore infrastructure means more volume and more shipments from our Port of Esperance, which ultimately means more hours for our workforce on the ground,” he said."Trade losses are never easy to weather, but by proactively pursuing opportunities to diversify our customer base and commodity throughput we continue to be a reliable partner creating enduring value across our regions."At full production, Yilgarn Iron is targeting annual exports of more than 4mt, supporting the creation of up to 15 new operational roles at the Port of Esperance in early 2026 and increasing the port's operations workforce by more than a third.Yilgarn Iron Investments managing director Fergus Campbell comments on the shipment."Exporting our first 176,000t within less than four months of assuming control of the Yilgarn Iron Ore project is a testament to our hardworking and dedicated team, as well as to our suppliers and service providers, including Southern Ports and Aurizon,” he said.Yilgarn Iron becomes the second customer to use the port's iron ore circuit, joining Gold Valley, which has exported almost 2.5mt of iron ore through the Port of Esperance since its first shipment in October 2024.

Australia’s largest aluminium smelter to remain open beyond 2028 The Federal Government will work with the NSW Government and Tomago Aluminium to keep the smelter open beyond 2028 after its current energy contract expires.In October, Tomago Aluminium had started consulting more than 1000 workers at the smelter as rising energy prices impacted the smelter’s viability.Over the coming months, Tomago Aluminium will work with the Federal and NSW Governments on a long-term renewable energy solution to support the smelter beyond 2028.“Tomago Aluminium has made it clear: to remain competitive and secure its future the smelter needs a reliable and affordable supply of renewable energy, with ageing coal-fired power options being prohibitively expensive,” Federal Climate Change and Energy Minister Chris Bowen said.As part of the new agreement, Tomago Aluminium will contribute at least $1b in capital and major maintenance investment over the next decade, which includes identifying further decarbonisation opportunities for the smelter.Prime Minister Anthony Albanese comments on the effort.“We want to ensure that Tomago continues to forge Australia’s prosperity, and it continues to create and sustain good, skilled jobs,” he said.“I want to thank the workers and the Hunter community who have faced uncertainty in recent weeks.“Tomago has a proud place in Australia’s history – and we will ensure it has a central place in Australia’s future.”

Westgold restarts Cue gold mine Westgold Resources (ASX: WGX) has successfully fired the first high-grade stope at its Great Fingall mine — now accessing virgin areas last mined more than a century ago.Gold grades from initial stopes are in line with expectations, averaging between 3-4 g/t.Located near the town of Cue in WA, the Great Fingall mine produced 1.2moz of gold between 1891 and 1918 — from just 1.9mt of ore, notably without the benefit of modern mining technology.Westgold managing director and chief executive Wayne Bramwell comments on the restart.“The recommencement of stoping at Great Fingall is a proud achievement for all at Westgold and the WA underground mining community,” he said.“This historic mine, which produced over 1.2moz of gold at outstanding grades in the early 1900s, has now been revitalised as a modern, high-grade operation through our strategic investment in the Murchison portfolio.“The high-grade output from Great Fingall will complement the volume from Big Bell, strengthening our operations and creating lasting value for our shareholders.”At steady state production from 2027, Great Fingall will deliver about .5mtpa of high-grade ore to Westgold’s Cue processing hub, supplementing ore feed from its nearby +1mtpa Big Bell mine.The Great Fingall mine is forecast to ramp up steadily through FY26 toward a combined steady state production rate of about 40,000t per month by late FY27.Westgold continues to drill the lower open extents of the multiple lodes at Great Fingall from underground, targeting extensions to the current six-year mine life.

Alcoa doubles no-mining zoneAlcoa Australia (ASX: AAI) will expand its Mining Avoidance Zone (MAZ) around Dwellingup to 26,000ha, equivalent to the size of about 860 Optus stadiums.The expanded MAZ is adjacent to several designated conservation areas, including sections of old growth forest which will never be mined.The expanded area now includes part of Lane Poole Reserve, Recreational tracks and trails including sections of the Munda Biddi Trail, Bibbulmun Track and Nyingarn Bidi Loop and a new zone around the Inglehope community east of Dwellingup.Alcoa Australia regulatory approvals director Kane Moyle says the move shows Alcoa is listening and responding to community feedback.“The decision follows environmental studies and extensive community consultation,” he said.“We are committed to engaging with the community to find ways to minimise impacts and protect the cultural values and sense of place that makes Dwellingup special.“We know these areas are treasured by the local community and visitors alike. We respect the community’s expectation that these forest areas and trails remain part of our natural heritage for generations to come.“We are really pleased we can offer increased certainty around their protection as part of our broader commitment to balance critical resources needs with environmental and social values.”This expansion follows Alcoa’s November withdrawal of around 47,000ha from its proposed exploration footprint in the Perth Hills.Alcoa says that while the new MAZ includes areas of mineral prospectivity, there is no immediate financial impact from the Dwellingup no mining commitment.

Chalice Mining’s (ASX: CHN) pre-feasibility study has been completed for the Gonneville palladium-nickel-copper project in WA, confirming a 23-year open pit phase. 

In his first major strategy update, Rio Tinto (ASX: RIO) chief executive Simon Trott shared his plans to cut costs while targeting up to $15b (US$10b) in asset sales.

Karlka Nyiyaparli Aboriginal Corporation (KNAC) Registered Native Title Body Corporate and Rio Tinto (ASX: RIO) have signed an updated agreement to provide Rio Tinto with a clear framework for engaging on mine development on Nyiyaparli Country.

South32 (ASX: S32) has completed its divestment of the Cerro Matoso mine and smelter in Colombia.

WorkSafe Victoria has charged the operator of Ballarat gold mine and a mining services company after a worker died and another suffered life-threatening injuries in March 2024.