Application by Mt Arthur Coal Pty Limited
Citation: [2026] FWCA 2229
What happened
Mt Arthur Coal Pty Ltd applied to the Fair Work Commission for approval of the Mt Arthur Coal Supervisors’ Enterprise Agreement 2026. The Fair Work Commission considered whether the agreement passed the ‘better off overall test’ (BOOT). Concerns arose regarding the calculation of Total Annualised Remuneration, addressed by a proposed undertaking from the Applicant. An obvious error was identified in a table regarding minimum weekly base salaries, and the Applicant sought a variation to correct it. The Mining and Energy Union (MEU) and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) were bargaining representatives and supported the agreement and variation.
What was decided
The Fair Work Commission approved the Mt Arthur Coal Supervisors’ Enterprise Agreement 2026. The Commission accepted an undertaking from Mt Arthur Coal Pty Ltd to address concerns about the calculation of Total Annualised Remuneration. The agreement was also varied to correct an identified error in a table detailing minimum weekly base salaries. The agreement will operate from August 31, 2026, and expire on August 24, 2030. The MEU and APESMA are covered by the agreement.
What it means for employers
Employers should carefully review enterprise agreement calculations, particularly those related to remuneration, to ensure they comply with the 'better off overall test'. Identifying and correcting errors promptly, with the support of bargaining representatives, can streamline the approval process.
What it means for employees
Employees should be aware of their enterprise agreements and any variations made to them. The MEU and APESMA are covered by this agreement, meaning their members benefit from its terms.
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This summary was drafted 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