Application for approval of Whitehaven Coal Open Cut Operations (Werris Creek) Enterprise Agreement 2024

[1] Whitehaven Coal Limited (the Employer) has made an application for approval of an enterprise agreement known as the Whitehaven Coal Open Cut Operations (Werris Creek) Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 17 December 2024 and the Agreement was made on 11 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[5] 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.

[6] 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.

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

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2025. The nominal expiry date of the Agreement is 11 February 2028.

Printed by authority of the Commonwealth Government Printer