1
Fair Work Act 2009
s.306E—Application for a regulated labour hire arrangement order
Application by the Mining and Energy Union re Capcoal Surface
Operations
(C2024/5508)
ANGLO COAL (CAPCOAL MANAGEMENT) PTY LTD REGULATED
LABOUR HIRE ARRANGEMENT ORDER
[LH200006]
JUSTICE HATCHER, PRESIDENT
VICE PRESIDENT ASBURY
VICE PRESIDENT GIBIAN
SYDNEY, 1 NOVEMBER 2024
Regulated labour hire arrangement order – Mobilise Group Pty Ltd t/a AWX Pty Ltd in
relation to work performed for Anglo Coal (Capcoal Management) Pty Ltd – Capcoal Surface
Operations Enterprise Agreement 2022.
A. Further to the decision in [2024] FWCFB 411, the Fair Work Commission makes this
regulated labour hire arrangement order (order) pursuant to s 306E of the Fair Work Act
2009 (Cth) (FW Act).
A.1 The regulated host covered by the order is Anglo Coal (Capcoal Management) Pty
Ltd (the Regulated Host).
A.2 The employer covered by the order is Mobilise Group Pty Ltd trading as AWX Pty
Ltd (the Employer).
A.3 The regulated employees covered by the order are employees of the Employer who
perform work at the Capcoal Surface Operations Mine in the State of Queensland
who would, if employed by the Regulated Host, be covered by the Host
Employment Instrument identified in A.4 (the Regulated Employees).
A.4 The host employment instrument covered by the order is the Capcoal Surface
Operations Enterprise Agreement 2022 (AE517239) (the Host Employment
Instrument).
B. This order comes into force on 4 November 2024.
LH200006 PR780862
ORDER
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb411.pdf
LH200006 PR780862
2
C. This order ceases to be in force where the Host Employment Instrument ceases to apply
and no other new employment instrument starts to apply pursuant to s 306EB of the FW
Act.
NOTE: Section 306F(2) of the FW Act provides that, while a regulated labour hire order is in
force, an employer covered by the order must pay any regulated employee covered by the order
no less than the ‘protected rate of pay’ for the employee in connection with the work performed
by the employee for the regulated host. The ‘protected rate of pay’ for a regulated employee is
defined in ss 306F(4)–(6). There are certain exceptions to this obligation under ss 306F(3) and
(3A).
PRESIDENT
Printed by authority of the Commonwealth Government Printer
THE FAIR WORK FAI COMMISSION THE
