5 September 2018

TO: All Employees of One Key Workforce Pty Ltd (Administrators Appointed)
ABN: 80 605 016 206

Urgent – Don’t enter any agreement with FES Coal without reading this document!

1. Summary

Adero Law is instructed that hundreds of current and former employees of One Key
Workforce Pty Ltd (Administrators Appointed) (OKW) may be owed substantial amounts
of backpay.

Backpay potentially owed to OKW employees includes various entitlements owing to

them under the Black Coal Mining Industry Award 2010 (the Award) such as:

(a) Annual leave - six weeks per year of service

(b) Personal leave – three weeks per year of service

(c) Redundancy, Severance and Notice of termination, and;

(d) Other allowances, loading and penalties.

2. DO NOT RESIGN FROM YOUR EMPLOYMENT

For current staff, One Key Resources Pty Ltd (OKR) has committed to fund your wages
only until 14 September 2018. It is using this time to transfer your employment to FES
Coal by way of resignation from OKW.

The requirement for you to resign is unlawful and is intended to stop you getting direct
access to your backpay and termination payments.

A substantial part of this backpay amount will likely by covered by the Commonwealth
Government under the Fair Entitlements Guarantee 1. The Request for you to resign
may stop you getting access to these government payments.

DO NOT RESIGN YOUR EMPLOYMENT- without asking the administrator and OKR
to provide written answers to the following questions:

i. What is the value of my backpay entitlements to date, including if

OKW goes into liquidation on 14 September 2018;

1 ‘FEG’ is an Australian Government scheme that provides financial assistance to cover

certain unpaid employment entitlements to eligible employees who lose their job due to
the liquidation or bankruptcy of their employer.

3338 PO Box 5121

Braddon ACT 2612
enquiries@aderolaw.com.
au
 ii. As all OKW employees are now permanent workers by operation of
the Federal Court order, why are FES Coal and OKR only proposing
to engage me as a casual or fixed term employee;

iii. Will I be made Redundant on 14 September 2018 when my wages

are no longer guaranteed by OKR? If yes, what is the value of any
redundancy payment to me;

iv. Why must I resign my employment from OKW to work for FES Coal,
given that I will be performing the same work and both entities are
managed by OKR;

v. Will FES Coal offer me employment on the same or similar terms if I

am made redundant from OKW on 14 September 2018? If not- why
not?

3. Next Steps

OKR has indicated that it intends to continue to meet its obligations to provide labor to
its clients throughout Australia. OKR needs you to continue to work at the same mine.

We will work to ensure that your backpay is paid to you before you commit to any other
employment opportunities like FES Coal.

If you wish to have Adero Law represent you, please register your interest at:

• Facebook: ‘Coal Miners Class Action’ or

• yourfairgo.com.au

All registrations will be treated confidentially

Adero Law will represent you on a non-win no fee agreement. The terms of the
agreement will be provided for your review before any service agreement is created.

Signed

RORY MARKHAM
Principal

E: Rory.markham@aderolaw.com.au
T: 02 6189 1022