BHP Coal Pty Ltd v The Association of Professional Engineers, Scientists and Managers, Australia (215V)
Citation: [2026] FWCFB 164
At a glance
- Employees affected
- 46
What happened
BHP Coal Pty Ltd refused to bargain for an enterprise agreement covering white-collar employees at its Hay Point Coal Terminal (HPCT). The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) applied for a majority support determination. BHP argued APESMA lacked standing because its members weren't covered by the organisation’s rules. The Commissioner found APESMA could represent some employees based on their roles and responsibilities. BHP appealed this decision.
What was decided
The Full Bench refused permission to appeal the Commissioner’s decision granting a majority support determination to APESMA. The bench agreed with the Commissioner's findings that APESMA was entitled to represent at least some of the employees, based on their roles and membership under specific rules within APESMA. BHP’s arguments regarding the definition of ‘coal mining industry’, managerial roles, and professional expertise were not considered grounds for appeal.
What it means for employers
Employers should carefully review employee organisation eligibility rules when considering bargaining requests. Understanding how roles are classified and defined is crucial in determining representational rights. A failure to bargain can lead to majority support determinations and obligations to engage in negotiations.
What it means for employees
Employees should be aware of the potential for unions or professional organisations to seek majority support determinations to initiate enterprise bargaining. Eligibility for union membership, as determined by organisational rules, is a key factor in determining representational rights.
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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