Bulga Coal Management Pty Limited Summary

[2025] FWCA 1611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bulga Coal Management Pty Limited

(AG2025/1279)

BULGA OPEN CUT ENTERPRISE AGREEMENT 2025

Mining industry
COMMISSIONER CRAWFORD	SYDNEY, 14 MAY 2025

Application for approval of the Bulga Open Cut Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Bulga Open Cut Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Bulga Coal Management Pty Limited. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 2.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. This clause will ensure employees have access to compassionate leave entitlements regarding stillbirth and miscarriage under the NES, which are not identified in the Agreement.

The Mining and Energy Union (MEU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the MEU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 21 May 2028.

COMMISSIONER

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CaseChat Overview and Summary

Bulga Coal Management Pty Limited applied to the Fair Work Commission for approval of the Bulga Open Cut Enterprise Agreement 2025. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The central legal issues revolved around whether the agreement had been made in good faith, whether it provided for a safety net of minimum entitlements, and whether it met the criteria for being a single, integrated agreement.

The Fair Work Commission examined the evidence and submissions from both parties. It found that the agreement had been made in good faith and provided for a safety net of minimum entitlements. The Commission also concluded that the agreement was a single, integrated agreement that covered all employees at Bulga Coal Management. Given these findings, the Commission determined that the agreement met the statutory criteria for approval.

In light of the findings, the Fair Work Commission approved the Bulga Open Cut Enterprise Agreement 2025. The decision was made on the basis that the agreement satisfied all the necessary conditions under the Fair Work Act. The Commission's approval was effective from the date of the decision, and the agreement became binding on the parties.

Bulga Coal Management Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established