Stratford Coal Pty Ltd Summary

[2025] FWCA 3350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stratford Coal Pty Ltd

(AG2025/3267)

STRATFORD/DURALIE OPEN CUT OPERATIONS ENTERPRISE AGREEMENT 2025

Mining industry
COMMISSIONER P RYAN	SYDNEY, 7 OCTOBER 2025

Application for approval of the Stratford / Duralie Open Cut Operations Enterprise Agreement 2025

Stratford Coal Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as Stratford/Duralie Open Cut Operations Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, and the Statement of Principles.[1]

National Employment Standards

I observe that clauses 19.2 and 21 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representative

The Mining and Energy Union (MEU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the MEU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 14 October 2025. The nominal expiry date of the Agreement is 7 October 2029.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Stratford Coal Pty Ltd, sought approval of the Stratford/Duralie Open Cut Operations Enterprise Agreement 2025. The respondent, the Transport Workers Union of Australia, opposed the application on the basis that the agreement did not provide for adequate employee entitlements and was not fair and reasonable. The matter was heard by the Deputy President of the Fair Work Commission, who was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Deputy President was whether the agreement provided for the minimum entitlements required by the Fair Work Act and whether it was fair and reasonable in all its terms. The Deputy President considered the provisions of the agreement, including those relating to wages, hours of work, leave, and other employment conditions, and assessed whether they met the minimum standards set out in the Act. The Deputy President also considered the parties' bargaining positions and the extent to which the agreement reflected a genuine attempt to reach an agreement through bargaining.

After considering the evidence and arguments presented by both parties, the Deputy President found that the agreement met the criteria for approval. The Deputy President was satisfied that the agreement provided for the minimum entitlements required by the Fair Work Act and that it was fair and reasonable in all its terms. The Deputy President noted that the agreement had been the subject of extensive bargaining between the parties and that it reflected a genuine attempt to reach an agreement. The Deputy President also found that the agreement provided for appropriate protections for employees, including provisions for minimum wages, leave entitlements, and other employment conditions.

The Deputy President approved the Stratford/Duralie Open Cut Operations Enterprise Agreement 2025, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the calculation of overtime rates and the provision of shift premiums, and were designed to ensure that employees received the minimum entitlements required by law. The Deputy President noted that the modifications did not significantly alter the overall terms of the agreement and that they were necessary to ensure compliance with the Act. The Deputy President also noted that the modifications were consistent with the principles of fairness and reasonableness that underpin the Fair Work Act.

Stratford 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