Bis Industries Limited v Construction, Forestry, Maritime, Mining and Energy Union [2021] FCA 1374

Bis Industries Limited v Construction, Forestry, Maritime, Mining and Energy Union [2021] FCA 1374

The Specific Employees (FSRs) of Bis are 'coal mining employees' within the meaning of cl 4.1(b) of the Black Coal Award by virtue of being employed in the black coal mining industry, carrying out duties at or about black coal mines directly connected with their operation, and employed in a relevant classification. However, under cl 4.8 of the Black Coal Award, the C10 classification in the Manufacturing Award is 'most appropriate' to their work and environment, so that the Manufacturing Award, not the Black Coal Award, applies to their employment.

Jurisdiction
Australia
Judgment Date
08 November 2021
Procedural Posture
Industrial Law (application for Declarations) / Judgment at First Instance
Outcome
Application succeeds in part: declarations to be settled reflecting that the Specific Employees are covered by the Manufacturing Award and not the Black Coal Award for the period in question.
Legal Topics
['award Coverage' 'modern Awards' 'jurisdictional Coverage' 'classification Under Awards' 'concurrent Award Coverage']
['industrial Law' 'employment Law'] ['award Coverage' 'modern Awards' 'jurisdictional Coverage' 'classification Under Awards' 'concurrent Award Coverage']

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Procedural Posture

Industrial Law (application for Declarations) / Judgment at First Instance

Legal Issues

  1. 1 ["Whether Bis Industries' Field Services Representatives (FSRs) are covered by the Black Coal Industry Mining Award 2010 or Manufacturing and Associated Industries and Occupations Award 2010" 'Interpretation and application of cl 4.1(b) and 4.8 of the Black Coal Award' 'Appropriate award classification for FSRs']

Ratio Decidendi

The Specific Employees (FSRs) of Bis are 'coal mining employees' within the meaning of cl 4.1(b) of the Black Coal Award by virtue of being employed in the black coal mining industry, carrying out duties at or about black coal mines directly connected with their operation, and employed in a relevant classification. However, under cl 4.8 of the Black Coal Award, the C10 classification in the Manufacturing Award is 'most appropriate' to their work and environment, so that the Manufacturing Award, not the Black Coal Award, applies to their employment.

Court Disposition

Application succeeds in part: declarations to be settled reflecting that the Specific Employees are covered by the Manufacturing Award and not the Black Coal Award for the period in question.

Orders

  • ['The parties to confer and seek agreement on the form of orders to give effect to the reasons;' 'In absence of agreement, Applicant to propose orders by 12 November 2021, Respondents by 16 November 2021;' 'Matter adjourned for consideration of orders on 18 November 2021;' 'Liberty to apply.']