State Industrial laws have more protection for workers when a company has a training wage and a bond. It is plain rude and unfair to have an EBA/ Agreement which agrees to this.
Certainly something that a good industrial lawyer points out when knocking up these agreements. It's one or the other, NOT both.
Usually the company walks away, as it is a waste of time and money for both parties. REX, will no doubt have an influx of experienced operators lining up at their doors, to be treated like a fool and paid chickens' feed, with all the good press they get for treating their workers soo well.
All the best beating them.