Pettet v Mt Arthur Coal Pty Ltd [2015] FWC 2851

(#P58_4262) [2014] FWC 2264 at [34]

(#P61_4436) Ulan Coal Mines Ltd v Honeysett [2010] FWAFB 7578, 199 IR 363 at [26]

(#P64_4601) Ibid at [28]; Technical and Further Education Commission t/a TAFE NSW v Pykett [2014] FWCFB 714, 240 IR 130

at [24]

(#P67_5087) Pykett at [36]

(#P70_5398) Ulan at [28]

(#P73_5665) Ulan at [27]

(#P188_33076) See Exhibit A11

(#P296_47777) Twenty maintenance employees in total were retrenched but, as explained in paragraph [31], 3 of them had been offered but had refused redeployment within the Mine. For that reason they were not included in the retraining cost analysis.

(#P333_53961) The cost of this assessment day appears to have been excluded from the total cost of the training program for employees with a "test and move" competency, and therefore will not be taken into account in any further calculations.

(#P342_58351) Ms Maw's cost analysis assumed that the cost of a trainer or a trainee employee would be $962.35 per day. That figure seems very high, but it was not challenged by the applicants. Accordingly it will be used for the purpose of calculations in this decision.

(#P349_61153) This is calculated by deleting the entirety of the trainer costs in Ms Maw's analysis (Exhibit R4, Annexure GM-5, slide 4). This amounts to 91 trainer days x $962.35 � 5 = $17,515. $18,477 - $17,515 = $962. The challenge test cost does not appear to have been included in the total and has therefore not been deducted.

(#P350_61618) Again, calculated by deleting the entirety of the trainer costs in Ms Maw's analysis (Exhibit R4, Annexure GM-5, slide 5). This amounts to 73 trainer days x $962.35 � 5 = $14,050. Because the costs for the challenge test and, as earlier stated, the final assessment do not appear to have been included in the total, the trainer cost of these has not been deducted.

(#P358_63407) Assuming, as Ms Maw did, a class size of no more than 5.

(#P359_63594) 12 x $635.36 (Ms Maw's assumed contractor cost per day, which was not challenged).

(#P366_66426) $962.35 x 5 days x 9 persons.

(#P399_67693) Arthur Hugh Clough, Say Not the Struggle Naught Availeth

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