s.185 - Enterprise agreement

Application for approval of the Bulga Open Cut Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Bulga Open Cut Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Bulga Coal Management Pty Limited. The Agreement is a single enterprise agreement.

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

[3] Noting clause 2.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. This clause will ensure employees have access to compassionate leave entitlements regarding stillbirth and miscarriage under the NES, which are not identified in the Agreement.

[4] The Mining and Energy Union (MEU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the MEU.

[5] For the purpose of s.201(5) of the FW Act, I note that the Agreement will be the host employment instrument for the following Regulated Labour Hire Arrangement Orders:

• The TESA Group Pty Ltd in relation to work performed for Bulga Coal Management Pty Ltd - Bulga Open Cut Enterprise Agreement 2021 [LH200035].

• WorkPac Pty Ltd and WorkPac Mining Pty Ltd in relation to work performed for Bulga Coal Management Pty Ltd - Bulga Open Cut Enterprise Agreement 2021 [LH200036].

[6] The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 21 May 2028.

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