Construction, Forestry, Mining and Energy Union v Anglo American Metallurgical Coal Pty Ltd [2017] FCAFC 123

Construction, Forestry, Mining and Energy Union v Anglo American Metallurgical Coal Pty Ltd [2017] FCAFC 123

The application failed because the Commission correctly undertook the evaluative task required by ss 134, 138 and 156 of the Fair Work Act 2009 (Cth), namely to review the award and determine whether the award as varied would meet the modern awards objective. Its reasons, though brief, did not disclose a failure to address the correct question, consideration of an irrelevant matter, failure to consider relevant matters, or legal error. The cap of 15 completed years of employment, producing a maximum retrenchment payment of 30 weeks, did not remove the industry-specific character of the redundancy scheme contrary to s 141(4)(b).

Jurisdiction
Australia
Judgment Date
17 August 2017
Procedural Posture
Application for Certiorari to Quash a Fair Work Commission Decision and Consequential Determination / Full Court Determination of Application
Outcome
Application dismissed
Legal Topics
['4 Yearly Review of Modern Awards' 'black Coal Mining Industry Award 2010' 'industry Specific Redundancy Scheme' 'retrenchment Payments Cap' 'modern Awards Objective' 'jurisdictional Error']
['industrial Law' 'employment and Industrial Relations' 'administrative Law'] ['4 Yearly Review of Modern Awards' 'black Coal Mining Industry Award 2010' 'industry Specific Redundancy Scheme' 'retrenchment Payments Cap' 'modern Awards Objective' 'jurisdictional Error']

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Procedural Posture

Application for Certiorari to Quash a Fair Work Commission Decision and Consequential Determination / Full Court Determination of Application

Legal Issues

  1. 1 ['Whether the Fair Work Commission failed to address the proper statutory task in varying the Black Coal Mining Industry Award 2010 during the 4 yearly review' 'Whether the Commission took into account irrelevant considerations or failed to consider relevant considerations, including the matters in s 134 of the Fair Work Act 2009 (Cth)' "Whether the Commission's reasons disclosed legal error or inadequacy amounting to jurisdictional error" 'Whether imposing a cap on retrenchment payments failed to retain the industry-specific character of the redundancy scheme contrary to s 141(4)(b) of the Fair Work Act 2009 (Cth)']

Ratio Decidendi

The application failed because the Commission correctly undertook the evaluative task required by ss 134, 138 and 156 of the Fair Work Act 2009 (Cth), namely to review the award and determine whether the award as varied would meet the modern awards objective. Its reasons, though brief, did not disclose a failure to address the correct question, consideration of an irrelevant matter, failure to consider relevant matters, or legal error. The cap of 15 completed years of employment, producing a maximum retrenchment payment of 30 weeks, did not remove the industry-specific character of the redundancy scheme contrary to s 141(4)(b).

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.']