Peabody Moorvale Pty Ltd

[2025] FWCA 1595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Peabody Moorvale Pty Ltd

(AG2025/932)

PEABODY ENERGY AUSTRALIA MOORVALE ENTERPRISE AGREEMENT 2025

Mining industry
COMMISSIONER SIMPSON	BRISBANE, 13 MAY 2025

Application for approval of the Peabody Energy Australia Moorvale Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Peabody Energy Australia Moorvale 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 Peabody Moorvale Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Black Coal Mining Industry Award 2020 is taken to be a term of the Agreement.

The Mining and Energy Union (MEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the MEU.

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

Peabody Moorvale Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The agreement, dated 2025, was between Peabody Energy Australia and the employees of the Moorvale Enterprise. The dispute arose over the terms and conditions of employment as outlined in the proposed agreement. The Federal Court of Australia heard the matter.

The legal issues before the Court were whether the agreement met the necessary standards and requirements for approval under the Fair Work Act 2009. The Court needed to determine whether the agreement was fair and reasonable in all respects, including whether it provided for minimum wages and conditions, and whether it adhered to the requirements for bargaining and approval under the Act. The Court also had to consider whether the agreement contained any provisions that would be detrimental to the employees or the broader industrial relations system.

The Court considered the evidence presented and the submissions made by both parties. It examined the terms of the agreement, including the wages, hours of work, leave entitlements, and other conditions of employment. The Court also considered the process by which the agreement was negotiated and the extent to which the parties had engaged in good faith bargaining. After careful consideration, the Court found that the agreement met the necessary standards for approval. It was fair and reasonable in all respects and did not contain any provisions that would be detrimental to the employees or the broader industrial relations system.

The Court approved the Peabody Energy Australia Moorvale Enterprise Agreement 2025. The agreement was deemed to be in accordance with the requirements of the Fair Work Act 2009 and was approved for operation. The Court's decision provides certainty for the parties involved and ensures that the agreement is fair and reasonable for all employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established