[2025] FWCFB 264
Citation: [2025] FWCFB 264
What happened
The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) sought an intractable bargaining declaration from the Fair Work Commission (FWC) regarding an enterprise agreement for Deputies employed at Ulan West Operations Pty Ltd’s underground coal mine. Bargaining began in December 2021, but negotiations stalled, leading to protected industrial action in late 2023 and 2024. A Deputy President initially dismissed APESMA’s application, finding it wasn’t reasonable to make the declaration. APESMA appealed this decision.
What was decided
The Fair Work Commission Full Bench (FWCFB) allowed APESMA’s appeal and remitted the matter back to the Commission for reconsideration. The FWCFB found the Deputy President did not adequately consider the application in light of the Commission’s arbitration powers and the potential tension between making a declaration and facilitating collective bargaining. The decision highlights the Commission’s discretion in making intractable bargaining declarations, even when certain conditions are met.
What it means for employers
Employers involved in enterprise bargaining should be aware of the Commission’s discretion when considering intractable bargaining declarations. While meeting the formal requirements for a declaration doesn't guarantee its making, employers should engage constructively in bargaining and consider the potential impact of a declaration and subsequent workplace determination on their operations.
What it means for employees
Employees seeking an enterprise agreement should understand the process for applying for an intractable bargaining declaration. While the Commission has discretion, a declaration can lead to a workplace determination if bargaining fails, potentially providing a pathway to improved terms and conditions.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb264.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 →