Whitehaven Coal Mining Limited

[2025] FWCA 1407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Whitehaven Coal Mining Limited

(AG2025/903)

NARRABRI UNDERGROUND OPERATIONS ENTERPRISE AGREEMENT 2024

Mining industry
DEPUTY PRESIDENT CROSS	SYDNEY, 30 APRIL 2025

Application for approval of the Narrabri Underground Operations Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Narrabri Underground Operations Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Whitehaven Coal Mining Limited. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2025. The nominal expiry date of the Agreement is 30 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Whitehaven Coal Mining Limited, the applicant, sought approval of the Narrabri Underground Operations Enterprise Agreement 2024. The applicant argued that the proposed agreement contained terms and conditions that were in the best interests of the employees, and that the agreement had been negotiated in good faith. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which claimed that the agreement did not adequately protect employee rights and entitlements.

The key legal issues before the Commission were whether the agreement had been negotiated in good faith and whether it contained terms and conditions that were in the best interests of the employees. The Commission had to consider the process by which the agreement was negotiated, the content of the agreement, and the extent to which it provided for the fair and reasonable treatment of employees. Additionally, the Commission needed to determine whether the agreement complied with relevant industrial legislation and whether it met the statutory requirements for approval.

The Commission found that the agreement had been negotiated in good faith and that it contained terms and conditions that were in the best interests of the employees. The Commission was satisfied that the negotiation process was transparent and that the parties had engaged in meaningful discussions. The Commission also noted that the agreement provided for fair and reasonable treatment of employees, including provisions for wages, hours of work, and other employment conditions. The Commission concluded that the agreement complied with relevant industrial legislation and met the statutory requirements for approval.

Accordingly, the Commission approved the Narrabri Underground Operations Enterprise Agreement 2024. The agreement will now form the basis for the terms and conditions of employment for employees of Whitehaven Coal Mining Limited at the Narrabri Underground Operations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established