Application by Pacific National (Queensland Coal) Pty Ltd Trading AS Pacific National
Citation: [2026] FWCA 1570
What happened
Pacific National (Queensland Coal) Pty Ltd sought approval for the Pacific National Queensland Coal Enterprise Agreement 2025. The Australian Federated Union of Locomotive Employees and the Australian Rail, Tram and Bus Industry Union both indicated they wanted the agreement to cover them. An error was discovered in a clause regarding minimum time off after a Limitation of Hours breach, stating nine hours instead of ten. There was also an issue with the wording of Clause 44 referencing 'eligible employees' instead of 'eligible workers'.
What was decided
The Fair Work Commission approved the Pacific National Queensland Coal Enterprise Agreement 2025. The Commissioner varied the agreement to correct errors. Clause 11.2(b)(ii) was amended to state a minimum of ten hours off after a Limitation of Hours breach. Clause 44’s wording was changed from 'eligible employees' to 'eligible workers'. These changes take effect immediately.
What it means for employers
Employers should carefully review enterprise agreements for accuracy before seeking approval. Thorough checks are needed to ensure clauses reflect agreed terms and comply with relevant legislation, particularly regarding worker entitlements like time off after breaches of working hours.
What it means for employees
Employees covered by the Pacific National Queensland Coal Enterprise Agreement 2025 will now receive a minimum of ten hours off between shifts following a Limitation of Hours breach. The change to Clause 44 clarifies eligibility for delegate rights.
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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