Mandalay Resources Costerfield Operations Pty Limited

[2025] FWCA 3366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mandalay Resources Costerfield Operations Pty Limited

(AG2025/3077)

COSTERFIELD OPERATIONS ENTERPRISE AGREEMENT 2025

Mining industry
COMMISSIONER CONNOLLY	MELBOURNE, 15 OCTOBER 2025

Application for approval of the Costerfield Operations Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Costerfield Operations Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mandalay Resources Costerfield Operations Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 15 September 2025.

An additional application has also been made under s.218A of the Act to vary the Agreement in order to correct an obvious error.

The Applicant has written to Chambers and advised that Schedule 1 – Classification Structure Rates of Pay in the Agreement contained an error. The Applicant seeks the Commission’s approval to rectify this error to ensure that the Enterprise Agreement accurately reflects:

· Correct Base Rate for the Plant Operator with $28.17 instead of $26.96.

The Applicant has provided a revised attachment which consolidates the variation. A copy of these changes has been provided to the bargaining representatives and there have been no objections received.

Having reviewed this error, it is apparent in my view that such an error would fall within the scope of s. 218A(1). Accordingly, the correct Schedule 1 – Classification Structure Rates of Pay is attached to this decision in Annexure A.

The variation will operate from the date on which the Agreement commences operation.

“The Australian Workers’ 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) of the Act I note that the Agreement covers this organisation.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mandalay Resources Costerfield Operations Pty Limited, sought approval of an enterprise agreement in accordance with the Fair Work Act 2009. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), raised objections to the agreement on several grounds. The application was heard in the Fair Work Commission.

The central legal issues involved whether the agreement met the statutory requirements for approval under the Fair Work Act, particularly in relation to procedural fairness and the absence of mandatory bargaining. The CFMEU argued that the agreement was invalid due to the employer's failure to bargain in good faith and the union's insufficient opportunity to participate in the negotiation process. Furthermore, the union contended that certain provisions of the agreement were contrary to public policy and the spirit of the legislation.

In assessing the objections, the Commission considered the procedural fairness of the agreement's formation and whether there had been a genuine attempt at bargaining. It examined the evidence presented regarding the negotiation process, the union's involvement, and the content of the agreement. The Commission found that the applicant had acted in good faith and provided the union with adequate opportunities to participate. It determined that the agreement did not contravene any public policy considerations and that its terms were reasonable in the circumstances.

Accordingly, the Commission approved the application for the Costerfield Operations Enterprise Agreement 2025, rejecting the objections raised by the CFMEU. The agreement was deemed to be in compliance with the requirements of the Fair Work Act, and it was registered as a certified agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established