Wollongong Coal has failed for the second time to terminate the workplace agreement at Russell Vale mine.
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This is despite Russell Vale not mining any coal since 2015 and having no employees covered by the agreement working at the mine.
The Fair Work Commission rejected the coalminer's application to end the agreement in June 2018.
That led to an appeal where that decision was quashed and the application returned to the commission.
The mine is now in care and maintenance while Wollongong Coal waits for the state Planning Department to rule on its application to use a new mining approach called "bord and pillar".
The miner contended that Russell Vale would become "uneconomical" if it used that approach but maintained the current agreement, which expired in September 2015.
The initial ruling said Wollongong Coal had to try to resolve its concerns over the agreement through negotiation, which Commissioner Bernie Riordan said placed the miner in an odd situation.
"In what appears to be a unique scenario not contemplated by the Parliament, [Wollongong Coal] is unable to re-negotiate the agreement because it has no employees," Commissioner Riordan's judgement stated.
CFMEU South Western District Vice President Bob Timbs told the commission the company's former CEO had given a commitment to the workforce that they would be re-employed if mining were to recommence.
Therefore, the workers had an interest in the agreement not being terminated.
The CFMEU also claimed the agreement could not be blamed for the company's poor financial condition.
In dismissing the Wollongong Coal application to scrap the agreement, Commissioner Riordan said "real questions exist as to whether the applicant is a 'going concern'."
He also found the cost of the current agreement was "of minimal effect" to the bottom line, should the mine reopen.