Application for termination of the Redpath Australia Coal - South Western New South Wales Enterprise Agreement 2020

[1] The Redpath Australia Coal - South Western New South Wales Enterprise Agreement 2020 (Agreement) nominally expired on 23 September 2024. Redpath Australia Coal Pty Ltd (Redpath) has applied to terminate the Agreement pursuant to s.225 of the Fair Work Act 2009 (FW Act). Redpath is eligible to make the application because it is the employer covered by the Agreement.

[2] Redpath has applied to terminate the Agreement on the basis that is does not, and is not likely to, cover any employees. Emma Fairley (General Manager - People) has declared that there are no employees covered, or likely to be covered, by the Agreement. The Mining and Energy Union (MEU) is covered by the Agreement and does not oppose the Agreement being terminated.

[3] I am satisfied that:

• The Agreement does not, and is not likely to, cover any employees based on Ms Fairley's declaration and because the MEU does not oppose the application.

• It is appropriate in all the circumstances to terminate the Agreement. There appears to be no purpose to the continued operation of the Agreement.

• Bargaining has not commenced for a new agreement to cover the same, or substantially the same, group of employees covered by the Agreement.

• There are no other relevant matters that suggest the Agreement should not be terminated.

[4] The Agreement is terminated effective 10 November 2025.

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