Application by The Association of Professional Engineers, Scientists and Managers, Australia (215V)
Citation: [2026] FWCFB 161
What happened
The Association of Professional Engineers, Scientists and Managers, Australia (PA) sought to extend the Tahmoor Coal Pty Limited Management Team Workplace Agreement 2006. This was the fourth extension application for the agreement, which initially operated under transitional provisions from 2009. Previous extensions were granted based on employee benefit and appropriateness. Bargaining for a replacement agreement had begun but was delayed due to the company entering liquidation and pending sale of the business. Tahmoor Coal Pty Ltd, through its liquidator, consented to the extension.
What was decided
The Fair Work Commission (FWC) has extended the default period of the Tahmoor Coal Pty Limited Management Team Workplace Agreement 2006 until December 6, 2027. The FWC found that extending the agreement was appropriate because employees were likely to be better off overall and due to uncertainty surrounding their employment arrangements following liquidation. The extension is for the maximum permitted period under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
What it means for employers
Employers should be aware of the potential for workplace agreements to require multiple extensions, particularly during periods of business instability like liquidation or sale. Obtaining consent from employees and unions is crucial when seeking these extensions.
What it means for employees
Employees covered by expiring workplace agreements may experience a period of uncertainty while new agreements are negotiated. Extensions can provide continued protections until a replacement agreement is in place.
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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 →