BUMA Australia Pty Ltd

[2025] FWCA 2431

[2025] FWCA 2431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BUMA Australia Pty Ltd

(AG2025/2195)

BUMA MEANDU MINE ENTERPRISE AGREEMENT 2025

Coal industry
COMMISSIONER HUNT	BRISBANE, 23 JULY 2025

Application for approval of the BUMA Meandu Mine Enterprise Agreement 2025

1. BUMA Australia Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the BUMA Meandu Mine Enterprise Agreement 2025 (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.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 July 2024 and the Agreement was made on 23 June 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. 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 Mining and Energy Union (MEU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

1. 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.

1. 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.

1. The MEU, the CEPU and the AMWU, each being bargaining representatives for the Agreement, have given notice under s.183 that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2025. The nominal expiry date of the Agreement is 1 February 2028.

Section 218A variation

1. In correspondence submitted to the Commission alongside the agreement approval application, the Employer advised that the version of the Agreement distributed to employees contained a minor typographical error in clause 15.5, which provides an attendance bonus for employees. In the version of the Agreement distributed to employees, the table specifying the rate of the attendance bonus stated as follows:

Roster	Even Time	4 ON, 3 OFF	5 on, 2 off
Attendance Bonus	$110.00	$94.20	$75.36

1. The Employer submitted that the table should have instead read as follows:

Roster	Even Time	4 on, 3 off	5 on, 2 off
Attendance Bonus	$110.00	$96.25	$77.00

1. The Employer submitted that the inclusion of the incorrect allowance rates in clause 15.5 constituted an obvious typographical error within the meaning of s.218A(1) of the Act. The Employer submitted that the Commission should exercise its discretion to vary the Agreement by correcting the error. As the correction would increase the rates payable and create no disadvantage to employees, the Employer submitted that the Agreement would have been genuinely agreed to by employees.

1. I sought the views of the bargaining representatives in relation to the Employer’s request to vary the Agreement. The MEU, the CEPU and the AMWU each advised that they supported the Commission exercising its discretion to vary the Agreement on the basis of the typographical error.

1. I am satisfied that clause 15.5 of the Agreement contains an obvious typographical error within the meaning of s.218A of the Act. I exercise my discretion under s.218A to correct the obvious error identified. The variation sought will operate from the operative date of the Agreement, being 30 July 2025. The version of the Agreement filed by the Employer with the approval application incorporates the corrections. Accordingly, the Agreement is
   varied by publishing the version of the Agreement filed with the approval application.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE529797  PR789946>

Annexure A – Undertakings