Coal & Allied Mining Services Pty Ltd v MacPherson [2010] FCAFC 83

Coal & Allied Mining Services Pty Ltd v MacPherson [2010] FCAFC 83

The employer's direction to Mr MacPherson was not a 'stand down' engaging s 691B; it was a refusal to accept partial performance of duties. The certified agreement did not guarantee pay unconditionally, but contemplated pay for actual performance of work or authorised leave. The common law permitted the employer to withhold pay when the employee was not ready and willing to perform all duties as required. Therefore, no breach of s 691B occurred and no entitlement to payment for the disputed period arose.

Jurisdiction
Australia
Judgment Date
12 July 2010
Procedural Posture
Appeal / Final Judgment of Full Court of Federal Court on Appeal and Cross Appeal From Federal Magistrates Court
Outcome
appeal allowed; cross-appeal dismissed
Legal Topics
['stand Down Provisions' 'suspension of Employees' 'interpretation of Industrial Agreements' 'payment of Wages' 'workplace Relations Act 1996']
['industrial Law' 'employment Law'] ['stand Down Provisions' 'suspension of Employees' 'interpretation of Industrial Agreements' 'payment of Wages' 'workplace Relations Act 1996']

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Procedural Posture

Appeal / Final Judgment of Full Court of Federal Court on Appeal and Cross Appeal From Federal Magistrates Court

Legal Issues

  1. 1 ["Whether the employer's action constituted a 'stand down' as contemplated by Division 7 of Part 12 of the Workplace Relations Act 1996" 'Whether the Federal Magistrate erred in finding a breach of s 691B by the employer' 'Whether the employee was entitled to compensation for lost wages or payment under the relevant certified agreement when he did not attend work as directed']

Ratio Decidendi

The employer's direction to Mr MacPherson was not a 'stand down' engaging s 691B; it was a refusal to accept partial performance of duties. The certified agreement did not guarantee pay unconditionally, but contemplated pay for actual performance of work or authorised leave. The common law permitted the employer to withhold pay when the employee was not ready and willing to perform all duties as required. Therefore, no breach of s 691B occurred and no entitlement to payment for the disputed period arose.

Court Disposition

appeal allowed; cross-appeal dismissed

Orders

  • ['The appeal is allowed.' 'The declaration made by the Federal Magistrates Court on 9 September 2009 is set aside.' 'The cross-appeal is dismissed.']