[2024] FWCA 4557
The attached document replaces the document previously issued with the above code on 18
December 2024.
The decision has been updated to include the required notice under s.201(5) of the Fair Work
Act 2009.
Associate to Commissioner Hunt
Dated 23 December 2024
1
Fair Work Act 2009
s.185—Enterprise agreement
Batchfire Callide Management Pty Ltd
(AG2024/4704)
CALLIDE MINE UNION ENTERPRISE AGREEMENT 2024
Coal industry
COMMISSIONER HUNT BRISBANE, 18 DECEMBER 2024
Application for approval of the Callide Mine Union Enterprise Agreement 2024
[1] Batchfire Callide Management Pty Ltd (the Employer) has applied for approval of an
enterprise agreement known as the Callide Mine Union Enterprise Agreement 2024 (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 22 March 2024 and the Agreement was made on 20 November 2024. 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 Mining and Energy Union (MEU), the “Automotive, Food, Metals,
Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing
Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information,
Postal, Plumbing and Allied Services Union of Australia (CEPU) and employee bargaining
representatives regarding the undertakings, allowing a period of two business days from receipt
of the undertakings to provide any views. No views were received.
[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] 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
[2024] FWCA 4557
DECISION
AUSTRALIA FairWork Commission
[2024] FWCA 4557
2
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.
[6] I indicated to the Employer my view that the Agreement’s existing consultation term
did not meet the requirements of s.205 of the Act, and that in the event of approval, the model
consultation term will be inserted into the Agreement. Pursuant to s.205(2) of the Act, the model
consultation term prescribed by Schedule 2.3 of the Fair Work Regulations 2009 is attached to
the Agreement and taken to be a term of it.
[7] The MEU, AMWU and CEPU, each being bargaining representatives for the
Agreement, have given notice under s.183 that they want to be covered by the Agreement. In
accordance with s.201(2) of the Act I note that the Agreement covers the MEU, AMWU and
CEPU.
[8] For the purpose of s.201(5) of the Act, I note that the Agreement will be the host
employment instrument covered by the Batchfire Callide Management Pty Ltd Regulated
Labour Hire Arrangement Order [LH200001].
[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
25 December 2024. The nominal expiry date of the Agreement is 30 September 2027.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE527312 PR782601
THE CORS THE CO & AUSTRALII W MMISSION E SEAL THE
https://www.fwc.gov.au/documents/agreements/approved/AE527312.pdf
[2024] FWCA 4557
3
Annexure A – Undertakings
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2024/4704 Applicant: Batchfire Callide Management Pty Ltd Undertaking-Section 190 I, Scott Haynes, General Manager Operations, have the authority of Batchfire Callide Management Pty Ltd to give the following undertakings with respect to the Callide Mine Union Enterprise Agreement 2024: 1. For the purposes of clause 16.2 of the Agreement all parties to a dispute may be represented (and for the avoidance of doubt, in respect of employees, such representation is not limited to representation by a Workplace Delegate). 2. Notwithstanding clause 17.2, the Company and an Employee may agree to observe a public holiday other than on the days prescribed in clause 17.1. In such a case the agreed day shall become the holiday for the purposes of the Agreement and the actual public holiday shall become an ordinary working day. Date signed: 18/12/2024 For and on behalf of the Employer by: Scott Haynes [In accordance with s. 190(5) of the FW Act] Signature:
