PN Coal Drivers Aggregate case unsuccessful

Members will be aware that the Division was involved in a case against PN Coal for the non-payment of a provision of their EA in relation to the correct interpretation / payment of the 9.5% Aggregate Allowance.

Statements supporting our case were made by people who had negotiated the 2009 Pacific National NSW Coal Enterprise Agreement and submitted to Fair Work Australia.

The hearing occurred on the August 16 and 17 with the RTBU represented by White Barnes solicitors and barrister Jim Nolan.

The summary of the outcome by FWA stated, “That FWA was satisfied that the amendment to the agreement as sought in the application by Pacific National Coal gives effect to the mutual intention of the parties. Accordingly FWA issued an order varying the agreement. The order will have the same date of effect as the 2009 EA”.

In short the division was unsuccessful in winning the case.

The full transcript and decision handed down can be found on Fair Work Australia Website:  www.fwa.gov.au

Transcript AG2011 / 7035

Decision (2011) FWA 5457