Helensburgh Coal Pty Ltd Summary

[2025] FWCA 2966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Helensburgh Coal Pty Ltd

(AG2025/2876)

HELENSBURGH COAL ENTERPRISE AGREEMENT 2025

Coal industry
DEPUTY PRESIDENT DEAN	CANBERRA, 3 SEPTEMBER 2025

Application for approval of the Helensburgh Coal Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Helensburgh Coal Enterprise Agreement 2025 (the Agreement). The application was made by Helensburgh Coal Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

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

For the purpose of s.201(5) of the Act, I note that the Agreement will be the host employment instrument covered by the Helensburgh Coal Pty Ltd Regulated Labour Hire Arrangement Order [LH200039].

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2025. The nominal expiry date of the Agreement is 1 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Helensburgh Coal Pty Ltd, which sought approval for its proposed 2025 Enterprise Agreement. The application came after negotiations between the company and its employees, represented by various unions, resulted in a new agreement intended to replace the existing terms of employment. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues at the heart of the case centred around whether the proposed agreement complied with the procedural and substantive requirements set out in the legislation. Specifically, the Commission needed to ascertain if the agreement was genuinely negotiated, if it provided for minimum terms and conditions of employment, and if it complied with the process requirements for enterprise agreements. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and the broader public interest.

In delivering its decision, the Commission meticulously reviewed the negotiation process, finding that the agreement was genuinely negotiated between the parties. It assessed the content of the agreement against the statutory minimum terms and conditions, concluding that the proposed agreement did not unfairly disadvantage any employees. The Commission also determined that the process followed in developing the agreement was compliant with legislative requirements. Ultimately, the Commission approved the agreement, recognising it as fair and in the best interests of the employees and the broader public interest.

The Fair Work Commission approved the Helensburgh Coal Enterprise Agreement 2025, finding it to be genuinely negotiated, compliant with statutory minimum terms, and in accordance with the legislative process requirements. The Commission also determined that the agreement was in the best interests of the employees and the broader public interest.

Helensburgh Coal Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established