Wilpinjong Coal Pty Ltd

[2025] FWCA 1651

[2025] FWCA 1651

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Wilpinjong Coal Pty Ltd

(AG2025/1163)

WILPINJONG COAL MINE ENTERPRISE AGREEMENT 2024

Black coal mining industry
DEPUTY PRESIDENT DEAN	SYDNEY, 16 MAY 2025

Application for approval of the Wilpinjong Coal Mine Enterprise Agreement 2024

Introduction

1. Wilpinjong Coal Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Wilpinjong Coal Mine Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Agreement will apply to employees who are covered by the Black Coal Mining Industry Award 2020 (the Award).

Abandonment of Employment

1. Clause 12.4 of the Agreement provides that employees who have abandoned their employment will be considered to have terminated their employment. It is unclear if employees deemed to have abandoned their employment in accordance with this clause will be afforded their minimum notice of termination entitlement as per s.117(3) of the Act. Section 123 of the Act does not preclude an employee who has abandoned their employment from the entitlement to notice of termination provided by s.117 of the Act.

1. The Employer provided an undertaking to address this issue.

Personal/Carer’s Leave

1. Clause 25.6 states that an employee taking either form of personal leave must as soon as reasonably practicable, prior to the commencement of their shift, notify their supervisor or the company of their inability to attend for duty. Failure to notify prior to the commencement of any absence without a reason that would adequately explain the failure to notify to the satisfaction of a reasonable person may result in disciplinary action and repeated failure to notify may result in termination of employment. This is inconsistent with notification requirements in Section 107 of the Act which provides that notice be given as soon as reasonably practicable which may be a time after the leave has commenced.

1. The Employer provided an undertaking to address this issue.

Below Award Rates of Pay

1. The Agreement contains rates of pay that fall below the Award. The rates of pay for employees covered by the Agreement classification ‘Trainee Mineworker’ under clause 13.8 are -7.14% below the corresponding pay rate classification ‘Mineworker – Induction Level 1’ in Schedule A of Award.

1. Further, the rates of pay for Entry Level Apprentices in their first and second year of employment under clause 14.1 are -5.71% and -0.27% below the corresponding pay rate classification in Schedule A of the Award, respectively. The rates of pay for Adult Apprentices in their first and second year of employment under clause 14.1 are -2.77% and -7.51% below the corresponding pay rate classification in Schedule A of the Award, respectively.

1. The Employer provided undertakings to address these issues.

Section 190 Undertakings

1. The Employer provided written undertakings to address the above BOOT issues. A copy of the undertakings is attached in Schedule E. 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.

Section 186, 187, 188 and 190

1. 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.

Section 183 Bargaining Representatives

1. The Mining and Energy Union (MEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

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

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2025. The nominal expiry date of the Agreement is 23 May 2028.

DEPUTY PRESIDENT

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