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Fair Work Act 2009
s.306E - Application for a regulated labour hire arrangement order
Application by Mining and Energy Union re Dendrobium Colliery
(LH2024/79)
ILLAWARRA COAL HOLDINGS PTY LTD REGULATED LABOUR
HIRE ARRANGEMENT ORDER NO 2
[LH200019]
JUSTICE HATCHER, PRESIDENT SYDNEY, 25 FEBRUARY 2025
Regulated labour hire arrangement order – Nexus Mining Pty Ltd in relation to work
performed for Illawarra Coal Holdings Pty Ltd – Dendrobium Mine Enterprise Agreement
2023.
A. Further to the decision in Application by Mining and Energy Union re Dendrobium
Colliery [2025] FWC 577, 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 Illawarra Coal Holdings Pty Ltd (the
Regulated Host).
A.2 The employer covered by the order is Nexus Mining Pty Ltd (the Employer).
A.3 The regulated employees covered by the order are employees of the Employer
who perform work at the Dendrobium Colliery in New South Wales who would,
if employed by the Regulated Host, be covered by the host employment
instrument identified in A.4.
A.4 The host employment instrument covered by the order is Dendrobium Mine
Enterprise Agreement 2023 [AE520741] (the Host Employment Instrument).
B. This order comes into force on 24 March 2025.
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.
PR784755
ORDER
AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc577.pdf
LH200019 PR784755
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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 MISSION THE
