Carroll CHPP Consultancy Pty Ltd

[2025] FWCA 1726

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Carroll CHPP Consultancy Pty Ltd

(AG2025/1358)

CARROLL CHPP CONSULTANCY (QUEENSLAND) CENTURION COAL MINE ENTERPRISE AGREEMENT 2025

Coal industry
COMMISSIONER DURHAM	BRISBANE, 23 MAY 2025

Application for approval of the Carroll CHPP Consultancy (Queensland) Centurion Coal Mine Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Carroll CHPP Consultancy (Queensland) Centurion Coal Mine 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 Carroll CHPP Consultancy Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 6 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 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

The matter before the Fair Work Commission (FWC) was an application by Carroll CHPP Consultancy Pty Ltd to have the FWC approve the proposed Enterprise Agreement (EA) for the Carroll CHPP Consultancy (Queensland) Centurion Coal Mine Enterprise Agreement 2025. The dispute arose when the employer sought to have the FWC approve the EA, which had been negotiated between the employer and a trade union representing the employees. The union argued that certain provisions of the EA were not fair and reasonable and should not be approved by the FWC.

The primary legal issue before the FWC was whether the EA met the statutory requirements for approval under the Fair Work Act 2009. In particular, the FWC had to determine if the EA was fair and reasonable in all its terms and did not contravene any of the provisions of the Act. The FWC also had to consider whether the EA complied with the process requirements for making an EA, including whether the employer had bargaining in good faith with the union.

The FWC found that the EA met the statutory requirements for approval under the Act. The FWC noted that the employer had bargained in good faith with the union and that the EA contained terms and conditions that were fair and reasonable for the employees. The FWC also found that the EA did not contravene any of the provisions of the Act and that it complied with the process requirements for making an EA. The FWC concluded that the EA was fair and reasonable in all its terms and approved it.

The FWC approved the Carroll CHPP Consultancy (Queensland) Centurion Coal Mine Enterprise Agreement 2025, which will now apply to the employees covered by the EA. The approval of the EA by the FWC means that it will have the force of a registered agreement and will be enforceable under the Act. The employees covered by the EA will now be bound by its terms and conditions, including those relating to pay, hours of work, and other employment matters.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established