Application by Mining and Energy Union re Appin Colliery

LH200022  PR785256 

 

The attached document replaces the document previously issued with the above code on 17 

March 2025. 

 

• Title has been inserted. 

 

Associate to Deputy President Cross 

 

Dated 19 March 2025 

 















1 

 

Fair Work Act 2009 

s.306E - Application for a regulated labour hire arrangement order 

Mining and Energy Union 
(LH2024/57) 

ILLAWARRA COAL HOLDINGS PTY LTD REGULATED LABOUR 

HIRE ARRANGEMENT ORDER 
(ODN LH2024/57) [LH200022] 

Coal industry 

DEPUTY PRESIDENT CROSS SYDNEY, 17 MARCH 2025 

Application for a regulated labour hire arrangement order in respect of Nexus Mining Pty Ltd 
in relation to work performed for Illawarra Coal Holdings Pty Ltd at the Appin Colliery 

 

1. 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. The regulated host covered by the order is Illawarra Coal Holdings Pty 

Ltd (the Regulated Host). 

 

b. The employer covered by the order is Nexus Mining Pty Ltd (the 

Employer). 

 

c. The regulated employees covered by the order are employees of the 

Employer who perform work at the Appin Colliery in the State of 

New South Wales who would, if employed by the Regulated Host, 

be covered by the host employment instrument identified in 

paragraph 1(d). 

 

d. The host employment instrument covered by the Order is the Appin 

Colliery & West Cliff CPP Enterprise Agreement 2022 [AE517907] (the 

Host Employment Instrument). 

 

2. This Order comes into force on 5 May 2025. 

 

3. This Order ceases to be in force where the Host Employment Instrument 

ceases to apply and no other new employment instrument starts to apply 

LH200022 PR785256 

ORDER 


AUSTRALIA FairWork Commission




 



LH200022  PR785256 

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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). 

 

 

 

 

 

 

 

DEPUTY PRESIDENT 

 

Printed by authority of the Commonwealth Government Printer 

 

 

 

 


OF THE WORK THE SEAS NOISSINNE

Cases cited by this decision: