Application for approval of the Carborough Downs Coal Mine Shift Supervisors Agreement 2025

[1] Fitzroy Coal Management Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Carborough Downs Coal Mine Shift Supervisors Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 7 December 2023 and the Agreement was made on 4 March 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. APESMA advised that it did not take issue with the undertakings and supported approval of the Agreement.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] The Agreement does not contain a workplace delegates' rights term compliant with s.205A(2) of the Act as required for agreements made on or after 1 July 2024. Pursuant to s.205A(2)(b) of the Act, the workplace delegates' rights term prescribed by the Black Coal Mining Industry Award 2020 is attached to the Agreement and taken to be a term of it.

[6] I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[7] APESMA, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers APESMA.

[8]

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2025. The nominal expiry date of the Agreement is 22 April 2028.

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