PN Coal 9.5% aggregate allowance dispute: update

The Division has been in dispute with PN Coal in regards to the payment of the 9.5% Aggregate Allowance as provided for in the EA. Last week and without any notice to the RTBU, PN Coal made application to FWA to “Vary the PN Coal EA to remove ambiguities etc” and that they wanted it heard before 12 March.

The dispute revolves around whether the 9.5% is applied to an employee’s classification rate of pay (RTBU position) or a fixed amount irrespective of the employee’s classification rate (PN’s position).

They did not even have the decency to call the Division and advise that they were going to make application to FWA or send the RTBU a copy of neither their application nor witness statements and did not do so until approx 2 days after we had been advised by FWA.

The first the Division heard about the application was when FWA contacted the Division to see if we had been advised and or if we had an issue with 10 March which was the date FWA was going to hear the matter.

Our Lawyers were contacted and following their intervention, no hearing date has now been set and FWA has asked that the parties talk in an effort to set an agreed timeframe for the matter to be heard.