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Fair Work Act 2009
s.306E—Regulated labour hire arrangement order
Application by Mining and Energy Union re Coppabella Mine
(C2024/6046)
PEABODY ENERGY AUSTRALIA PCI MINE MANAGEMENT PTY
LTD REGULATED LABOUR HIRE ARRANGEMENT ORDER
[LH200010]
JUSTICE HATCHER, PRESIDENT
VICE PRESIDENT ASBURY
VICE PRESIDENT GIBIAN
SYDNEY, 1 NOVEMBER 2024
Regulated labour hire arrangement order – FES Coal Pty Ltd in relation to work performed
for Peabody Energy Australia PCI Mine Management Pty Ltd – Peabody Australia Coppabella
Enterprise Agreement 2022.
A. Further to the decision in Applications by Mining and Energy Union re Copabella Mine
[2024] FWCFB 413, 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 Peabody Energy Australia PCI Mine
Management Pty Ltd (the Regulated Host).
A.2 The employer covered by the order is FES Coal Pty Ltd (the Employer).
A.3 The regulated employees covered by the order are employees of the Employer who
perform work at the Coppabella 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 Peabody Australia
Coppabella Enterprise Agreement 2022 (AE519001) (the Host Employment
Instrument).
B. This order comes into force on 4 November 2024.
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
Act.
LH200010 PR780872
ORDER
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwcfb413.pdf
LH200010 PR780872
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NOTE: Section 306F(2) of the 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 the 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
