DELTA COAL (MINING SUPERVISORS) ENTERPRISE AGREEMENT 2025.

Application for approval of the Delta Coal (Mining Supervisors) Enterprise Agreement 2025

[1] An application has been made by The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) (Applicant) for approval of an enterprise agreement known as the Delta Coal (Mining Supervisors) Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

[2] I note at the outset two related features of the application. First, the application is made after the time for the making such applications in s 185(3)(a). Second, it is made concurrently with an application of the Employer to vary the agreement pursuant to s 218A of the Act.

[3] I convened a Conference on 16 January during which I heard submissions from the parties. It was established that following the making of the agreement, the Employer discovered that a number of provisions of the Agreement had been included in error. It was not contested that the provisions were included in error.

[4] APESMA seeks to extend the time in which to make the approval application pursuant to s 185(3)(a). I am satisfied that the discovery of the errors and subsequent uncertainty as to how to remedy them accounts for the delay. I am satisfied that it is appropriate to extend time and do so under s 185(3)(b).

[5] Delta Coal has made an application pursuant to s 218A of the Act to vary the Agreement. That provision empowers the Commission to vary an agreement to correct an obvious error, defect or irregularity in an enterprise agreement. It is a power analogous to the slip rule and should for that reason be exercised with caution and confined to uncontroversial matters. The application is made with the consent of APESMA.

[6] I am satisfied, particularly where the parties consent, that the circumstances of the errors are such as to be appropriately corrected by exercising my discretion under s. 218A.

[7] I will make the variations sought and those variations will operate from the operative date of the Agreement, being 7 days from today.

[8] Having regard to the agreement (as amended) and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

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

[10] The Agreement was approved on 27 January 2026 and will operate from 3 February 2026 in accordance with s.54 of the Act. The variations will operate from 3 February 2026. The nominal expiry date of the Agreement is 31 December 2027.

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