Application for approval of the Precision Energy Services (Australia) Pty Ltd Black Coal Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement to be known as the Precision Energy Services (Australia) Pty Ltd Black Coal Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Precision Energy Services (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] In the application, the signatory page (as filed) contained no state or post code. The Applicant provided a revised signature page on 15 April 2025 to the Commission reflecting the required information. I am satisfied that the correction to the signature page should be made, and that it is appropriate to do so. Pursuant to s.586 of the Act, I make the correction.

[3] The Employer has provided written undertakings dated 15 April 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Black Coal Mining Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[4] To the extent that the Commission raised an issue/s with the Employer as to NERR coverage versus Agreement coverage, and a bargaining representative appointment time limit,[1] having regard to the submissions of the Employer provided on 15 April 2025, I find that these issues constitute minor procedural and/or technical errors. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding these errors.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by these errors.

[5] The Agreement does not contain a flexibility term that meets the requirements of the Act.

[6] Employees were asked to vote to approve the agreement on 23 March 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

[8] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2025. The nominal expiry date of the Agreement is 16 April 2029.

Annexure A

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] See s.188(5) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

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