Buma Australia Pty Ltd Trading AS Buma Australia Summary

[2025] FWCA 3330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Buma Australia Pty Ltd Trading AS Buma Australia

(AG2025/3188)

BUMA AUSTRALIA NORTHERN DISTRICT (QLD) ENTERPRISE AGREEMENT 2025

Coal industry
COMMISSIONER SIMPSON	BRISBANE, 3 OCTOBER 2025

Application for approval of the BUMA Australia Northern District (Qld) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the BUMA Australia Northern District (Qld) Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Buma Australia Pty Ltd Trading AS Buma Australia (the Applicant). The Agreement is a single enterprise agreement.

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

Noting clause 3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Buma Australia Pty Ltd, trading as Buma Australia, applied for the approval of the BUMA Australia Northern District (Qld) Enterprise Agreement 2025. The application was brought by the employer, Buma Australia, which sought to have the proposed enterprise agreement recognised as meeting the necessary criteria under the Fair Work Act 2009. The agreement was intended to regulate employment terms and conditions for employees within the Northern District of Queensland.

The primary legal issues the Commission needed to address were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to consider whether the agreement was fairly negotiated, provided for fair terms and conditions, and included necessary safety net provisions. The Commission also examined whether the agreement met the procedural requirements for approval, such as ensuring proper employee representation and the provision of relevant documents.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the proposed enterprise agreement met all statutory requirements. The Commission was satisfied that the agreement was the product of genuine bargaining, contained fair terms and conditions, and included necessary safety net provisions. Additionally, the Commission confirmed that the procedural requirements for approval had been adhered to, including the provision of all necessary documents and the presence of proper employee representation throughout the negotiation process. Consequently, the Commission approved the BUMA Australia Northern District (Qld) Enterprise Agreement 2025, effective from the date of the decision.

Buma Australia Pty Ltd Trading AS Buma Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established