Fitzroy Coal Management Pty Ltd Summary

[2025] FWCA 1250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fitzroy Coal Management Pty Ltd

(AG2025/712)

CARBOROUGH DOWNS COAL MINE SHIFT SUPERVISORS AGREEMENT 2025

Mining industry
COMMISSIONER HUNT	BRISBANE, 15 APRIL 2025

Application for approval of the Carborough Downs Coal Mine Shift Supervisors Agreement 2025

Fitzroy Coal Management Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Carborough Downs Coal Mine Shift Supervisors 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.

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 7 December 2023 and the Agreement was made on 4 March 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

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 Association of Professional Engineers, Scientists and Managers, Australia (APESMA) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. APESMA advised that it did not take issue with the undertakings and supported approval of the Agreement.

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.

The Agreement does not contain a workplace delegates’ rights term compliant with s.205A(2) of the Act as required for agreements made on or after 1 July 2024. Pursuant to s.205A(2)(b) of the Act, the workplace delegates’ rights term prescribed by the Black Coal Mining Industry Award 2020 is attached to the Agreement and taken to be a term of it.

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.

APESMA, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers APESMA.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2025. The nominal expiry date of the Agreement is 22 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the case of Fitzroy Coal Management Pty Ltd was heard, involving an application for the approval of the Carborough Downs Coal Mine Shift Supervisors Agreement 2025. The applicant, Fitzroy Coal Management Pty Ltd, sought approval of the agreement which was intended to regulate the terms and conditions of employment for shift supervisors at the Carborough Downs Coal Mine. The legal dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly concerning the requirements for a genuine enterprise agreement and the need to avoid unjust hardship to employees. The court was required to determine if the agreement was made in good faith, was sufficiently free of coercion, and did not cause unjust hardship to any employees.

The central legal issues the court needed to address were whether the agreement was a genuine enterprise agreement and whether it complied with the provisions of the Fair Work Act, including ensuring it did not cause unjust hardship to any employees. The court examined the process through which the agreement was negotiated and whether it was made in good faith, as well as scrutinised the terms of the agreement to ensure they did not disadvantage employees. The court also considered submissions from both parties regarding the potential impact of the agreement on the employees' terms and conditions of employment, including any possible detriment to their working conditions or financial security.

After reviewing the evidence and submissions presented, the court found that the Carborough Downs Coal Mine Shift Supervisors Agreement 2025 was a genuine enterprise agreement that had been made in good faith. The court was satisfied that the negotiation process was fair and that the agreement did not cause any unjust hardship to the employees. The terms of the agreement were deemed to be reasonable and compliant with the requirements of the Fair Work Act. Consequently, the court approved the agreement, affirming its validity and enforceability under the Act.

The final orders of the court were to approve the Carborough Downs Coal Mine Shift Supervisors Agreement 2025 as a genuine enterprise agreement, effective from the date of the court's decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with the terms as stipulated. This decision confirmed the legitimacy of the agreement and ensured that the terms and conditions for shift supervisors at the Carborough Downs Coal Mine would be governed by the approved agreement.

Fitzroy Coal Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established