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ARTICLE · 23 JUNE 2026

Modern Awards: Text Prevails Over Industrial History

Barry Nilsson
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In a significant decision for employers and bargaining parties, the Full Court has reaffirmed that the text of a modern award prevails over historical practice, with important implications for how public holidays and shift arrangements are applied.

AustraliaEmployment and HR
Tinashe Makamure
Tinashe Makamure
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In a significant decision for employers and bargaining parties, the Full Court has reaffirmed that the text of a modern award prevails over historical practice, with important implications for how public holidays and shift arrangements are applied.

In issue

  • This Full Court decision concerns how key provisions of the Black Coal Mining Industry Award should be interpreted for the purposes of employee entitlements and enterprise bargaining.

The background

OS ACPM Pty Ltd (OS ACPM) is a labour hire contractor supplying workers to BHP coal mining operations in Queensland and New South Wales. During enterprise bargaining negotiations, a dispute arose between OS ACPM and the Mining and Energy Union (MEU) regarding the proper interpretation of provisions contained in the Black Coal Mining Industry Award 2020, and its predecessor, the Black Coal Mining Industry Award 2010.

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