Centennial Myuna Pty Limited

[2025] FWCA 177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Centennial Myuna Pty Limited

(AG2024/4941)

CENTENNIAL MYUNA ENTERPRISE AGREEMENT 2025

Coal industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 JANUARY 2025

Application for approval of the Centennial Myuna Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement to be known as the Centennial Myuna Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Centennial Myuna Pty Limited (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation(s)

The Mining and Energy Union (MEU), and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have all given notice under s.183 of the Act 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.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2025. The nominal expiry date of the Agreement is 31 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Centennial Myuna Pty Limited, an employer, sought approval of the Centennial Myuna Enterprise Agreement 2025 from the Fair Work Commission. This agreement was a proposed collective agreement between the employer and its employees. The dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The Commission heard the application and examined the agreement's provisions, including those related to employee conditions, entitlements, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the proposed agreement complied with the provisions of the Fair Work Act, particularly those related to the process of making the agreement and its substantive content. Specifically, the Commission needed to determine whether the agreement was made in good faith, whether it was genuinely a product of negotiations between the parties, and whether it provided for fair and reasonable terms and conditions. The Commission also considered whether the agreement provided adequate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms.

The Commission found that the proposed agreement was made in good faith and was genuinely the product of negotiations between the parties. It also found that the agreement provided for fair and reasonable terms and conditions, including adequate protections for employees. The Commission was satisfied that the agreement met the requirements for approval under the Fair Work Act. The Commission approved the Centennial Myuna Enterprise Agreement 2025, and it will now be binding on the parties from 1 July 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established