The Fair Work Commission has rejected BHP’s appeal of a landmark majority support determination, clearing the way for staff, supervisors, coordinators and specialists at BHP Mitsubishi Alliance’s (BMA) Hay Point Coal Terminal (HPCT) to bargain for their first-ever enterprise agreement.
On 7 July 2026, the Full Bench of the Fair Work Commission refused to grant BHP leave to appeal the March 2026 Majority Support Determination. The proposed agreement would be the first to cover staff at HPCT and is understood to be the first standalone staff agreement at an Australian coal export terminal.
The decision is the latest milestone in a hard-fought campaign by CSOA members, who first requested to bargain with BMA on 5 December 2024. The agreement will cover approximately 46 staff, supervisors, coordinators and specialists employed at Hay Point who report to the superintendent level in the production and maintenance department.
Robert Coluccio, CSOA Director, said the decision confirmed members’ right to bargain and should bring BMA to the table without further delay.
“CSOA members at Hay Point have campaigned for more than 18 months. The Fair Work Commission has now upheld their right to bargain. It’s time for BMA to accept that right and come to the table.
“Members have stood united and worked together to secure this win and will now be able to negotiate their conditions collectively for the first time.
“We look forward to constructive discussions with BMA on behalf of the staff, supervisors, coordinators and specialists who are critical to maintaining safe and profitable operations at Hay Point.
“This decision sends a clear message: staff at Hay Point deserve the right to bargain for fair and equitable workplace conditions. BMA should now come to the bargaining table.
Contact details:
Siobhan - 0439 505 261