Mining and Energy Union Northern Mining and NSW Energy District Branch (MEU) v Rix's Creek Pty Limited
Citation: [2026] FWC 2347
At a glance
- Awards cited
- MA000123
What happened
The Mining and Energy Union (MEU) brought a dispute to the Fair Work Commission regarding the interpretation of clauses 18 (personal/carer’s leave) and 25 (annual leave) in the Rix’s Creek Mine Enterprise Agreement 2021. Employees engaged in protected industrial action and faced employer response actions, including being prevented from working. The MEU argued that during this period, employees' leave entitlements were not properly credited or accrued by Rix’s Creek Pty Limited. A production employee and lodge president raised the issue with company management but no agreement was reached. The dispute concerned whether periods of industrial action should be treated as accruing or crediting leave.
What was decided
The Fair Work Commission heard evidence from representatives of both the MEU and Rix’s Creek Pty Limited. The Commissioner considered the wording of clauses 18 and 25 of the enterprise agreement, relevant legislation (section 470 of the Fair Work Act), and extrinsic materials like the Black Coal Mining Industry Award 2020. The decision is pending as of this summary.
What it means for employers
Employers should carefully review their enterprise agreements to ensure consistent application of leave accrual policies, particularly during periods of industrial action or employer response actions. They must consider how these actions impact employee entitlements and whether the interpretation aligns with the agreement’s purpose and relevant legislation. Failing to do so could lead to disputes and potential legal challenges.
What it means for employees
Employees should be aware of their rights regarding leave accrual, especially during industrial action or employer responses. If they believe their entitlements are not being properly credited, they should raise the issue with their union representative and follow the dispute resolution procedures outlined in the enterprise agreement.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →