Collieries Staff and Officials Association director Catherine Bolger said the decision made it plain that Centennial could not dodge paying older workers what they are owed any longer. 

“The Federal Court has made it clear that Centennial Coal has acted unfairly and discriminated against workers on the basis of their age. 

“Centennial must now do the right thing and pay older workers what they are owed. 

“This decision vindicates everything these workers and the community have known for the last 18 months - older workers must be paid the same as everyone else. 

Ms Bolger said that the Federal Court decision gave Centennial Coal “a fresh chance” to do the right thing by older workers. 

However, Ms Bolger said that while the Federal Court decision made it clear that Centennial had been operating badly, she remained concerned that Centennial would continue to try to dodge its responsibilities towards older workers. 

“Centennial needs to stop citing obscure clauses and searching for legal loopholes. The Federal Court has made it clear, Centennial has wronged older workers and now it needs to make things right. 

Ms Bolger said that older workers had been “extremely disappointed” by Centennial’s continued refusal to pay them their redundancy entitlements. 

“These workers have seen Centennial try every trick in the book, just to avoid paying them what they are rightfully owed. We hope that this Federal Court decision puts an end to Centennial’s games.

"It’s time for them to do the right thing. 

“We call on Centennial to stop paying their lawyers to scheme and plot, and start paying their workers what they are owed. 

Mr Bolger said that Centennial needed to “start listening”. 

“Every step along the way, more voices are joining the chorus condemning Centennial’s refusal to pay these workers what they are owed,” Ms Bolger said. 

"The Federal Court has said Centennial was wrong; 3,000 members of the community have signed a petition saying Centennial was wrong and the Australian Human Rights Commission said that Centennial were wrong."

Centennial have replied:

Late last year Centennial commenced proceedings in the Federal Court of Australia seeking declaratory relief in specifically how the amount of annual leave payable to employees is calculated and whether the cap upon redundancy payments to employees aged over 60 years is lawful. 

The questions about payments required to be made by Centennial under an Enterprise  Agreement involve questions of law. Centennial asked the Federal Court to answer these questions of law so as to determine this matter in the quickest and most efficient way. 

Centennial always maintained that it would abide by the outcome of the declaratory relief application. 

The matter was heard in early February and Centennial will comply with today’s Federal Court decision.