[2025] FWC 1806
Citation: [2025] FWC 1806
At a glance
- Employees affected
- 27
- Awards cited
- MA000000
What happened
The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) sought a declaration that bargaining with Ulan West Operations Pty Ltd for an enterprise agreement covering Deputies at the Ulan West coal mine was intractable. The Deputies, earning between $272,000 and $352,000 annually, have never been covered by an enterprise agreement. Negotiations began in 2021, but have stalled. APESMA claims Deputies seek to secure existing entitlements like personal leave and redundancy benefits. Ulan West argues a declaration is not warranted, citing s.235(2)(c) of the Fair Work Act 2009 and the Deputies' high incomes and individual contracts.
What was decided
The Fair Work Commission dismissed APESMA’s application for an intractable bargaining declaration. Deputy President Easton found it was not reasonable in all circumstances to make the declaration. The Commission noted the parties agreed bargaining was intractable, but Ulan West’s argument that s.235(2)(c) of the Fair Work Act 2009 applied was persuasive. The Commission considered the Deputies' high incomes, individual contracts, and the fact that they are frontline management. The Commission also noted the Deputies’ existing contractual entitlements and the potential disadvantage if a declaration were made.
What it means for employers
Employers should be aware that even if bargaining is difficult, a declaration of intractable bargaining is not automatic. Factors like employee income, individual contracts, and the potential impact on existing arrangements will be considered. Employers should document their bargaining efforts and be prepared to demonstrate why a declaration is not appropriate.
What it means for employees
Employees seeking an intractable bargaining declaration should understand that it is not guaranteed. The Commission will consider individual circumstances, including income levels and existing contractual entitlements. A thorough consultation process with members is crucial to demonstrate support for the application.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1806.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →