Application by the Mining and Energy Union re Bengalla Mining Company Pty Ltd

1 

 

Fair Work Act 2009 

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

Mining and Energy Union 
(C2024/4712) 

BENGALLA MINING COMPANY PTY LTD REGULATED LABOUR 

HIRE ARRANGEMENT ORDER 
[LH200021] 

 

VICE PRESIDENT GIBIAN 

DEPUTY PRESIDENT WRIGHT 

DEPUTY PRESIDENT ROBERTS 

COMMISSIONER P RYAN 

SYDNEY, 13 MARCH 2025 

Regulated labour hire arrangement order  – Skilled Workforce Solutions (NSW) Pty Ltd in 
relation to work performed for Bengalla Mining Company Pty Ltd  – Bengalla Enterprise 
Agreement 2022. 

 

A. Further to the decision issued in [2025] FWCFB 53, the Fair Work Commission makes 

this regulated labour hire arrangement order (order) pursuant to s 306E of the Fair 

Work Act 2009 (Cth) (the Act).  

 

A.1 The regulated host covered by the order is Bengalla Mining Company Pty Ltd 

(the regulated host). 

 

A.2 The employer covered by the order is Skilled Workforce Solutions (NSW) Pty 

Ltd.  

 

A.3 The regulated employees covered by the order are employees of Skilled 

Workforce Solutions (NSW) Pty Ltd who perform work at the Bengalla Coal 

Mine near Muswellbrook in the State of New South Wales who would, if 

employed by Bengalla Mining Company Pty Ltd, 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 Bengalla Enterprise 

Agreement 2022 [AE517092].  

 

B. 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. 

LH200021  PR785173 

ORDER 


AUSTRALIA FairWork Commission




 

https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb53.pdf


LH200021  PR785173 

2 

 

C. This order comes into force on 13 April 2025. 

 

 

 
 

VICE PRESIDENT 

 

Printed by authority of the Commonwealth Government Printer 

 

 

 

 


MISSION THE SEAL OF THE WORK CO

Cases cited by this decision: