The miner had been trying since 2018 to terminate the 2011 workplace agreement at the mine, which has not had any coal mined since 2015 and covers no employees.

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Wollongong Coal had twice applied to the Fair Work Commission to have the agreement terminated, but failed both times.

The CFMMEU had been opposing the application based in part on claims that former miners at Russell Vale were expecting to be re-employed in the event the mine re-opened.

This became a very real prospect when the Independent Planning Commission approved an extension of mining at Russell Vale in December.

Approval was given for the less-invasive bord-and-pillar approach, over longwall mining.

In a judgement released on July 15, the commission decided it made sense to axe the agreement, based in part on the change in approach at the mine.

The ruling found the 2011 agreement was made "in a different context than would apply if the mine reopened".

The commission also accepted claims from Wollongong Coal that there was no financial incentive to open the mine if the current agreement remained in place.

The ruling found the only effect in retaining the agreement was in the CFMMEU being able to affect future employment of contractors.

"If the agreement is terminated, no employees are covered by the agreement and no consequences or adverse effects will flow to current employees," the ruling stated.

"The CFMMEU will lose any right it may have under a clause of the 2011 agreement to refuse to recognise enterprise agreements made by contractors who are engaged to provide employees to perform work at the mine."

The union would still be able to represent any future employees of the re-opened mine in future agreement negotiations.

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