Construction, Forestry, Maritime, Mining and Energy Union v Boggabri Coal Operations Pty Ltd [2021] FCAFC 211

Construction, Forestry, Maritime, Mining and Energy Union v Boggabri Coal Operations Pty Ltd [2021] FCAFC 211

Mr Boxsell's early "parking up and finishing" activities were undertaken before the notified commencement times for protected industrial action, at times when he was otherwise expected to perform productive mine work. Although those steps were customary at the end of a shift or authorised break, they were not customary at the relevant times and were contrary to Boggabri Coal's direction to work as normal right up to the scheduled stoppages. The activities were therefore industrial action under s 19(1)(a), were not authorised or agreed to under s 19(2)(a), were not protected industrial action, and Boggabri Coal properly withheld the claimed amounts under s 474(1).

Jurisdiction
Australia
Judgment Date
23 November 2021
Procedural Posture
Appeal in Industrial Law Proceeding Under the Fair Work Act 2009 (cth) / Appeal From Construction, Forestry, Maritime, Mining and Energy Union & Anor V Boggabri Coal Operations Pty Ltd [2021] FCA 719
Outcome
Appeal dismissed.
Legal Topics
['protected Industrial Action' 'unprotected Industrial Action' 'enterprise Agreements' 'deduction From Remuneration' 'fair Work Act 2009 (cth) S 19' 'fair Work Act 2009 (cth) S 474']
['industrial Law' 'employment and Industrial Relations'] ['protected Industrial Action' 'unprotected Industrial Action' 'enterprise Agreements' 'deduction From Remuneration' 'fair Work Act 2009 (cth) S 19' 'fair Work Act 2009 (cth) S 474']

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Procedural Posture

Appeal in Industrial Law Proceeding Under the Fair Work Act 2009 (cth) / Appeal From Construction, Forestry, Maritime, Mining and Energy Union & Anor V Boggabri Coal Operations Pty Ltd [2021] FCA 719

Legal Issues

  1. 1 ['Whether Mr Boxsell\'s "parking up and finishing" activities before notified protected industrial action amounted to industrial action under s 19(1)(a) of the Fair Work Act 2009 (Cth).' 'Whether those activities were authorised or agreed to by Boggabri Coal for the purposes of s 19(2)(a) of the Fair Work Act 2009 (Cth).' "Whether Boggabri Coal correctly withheld amounts from Mr Boxsell's remuneration under s 474(1) of the Fair Work Act 2009 (Cth)."]

Ratio Decidendi

Mr Boxsell's early "parking up and finishing" activities were undertaken before the notified commencement times for protected industrial action, at times when he was otherwise expected to perform productive mine work. Although those steps were customary at the end of a shift or authorised break, they were not customary at the relevant times and were contrary to Boggabri Coal's direction to work as normal right up to the scheduled stoppages. The activities were therefore industrial action under s 19(1)(a), were not authorised or agreed to under s 19(2)(a), were not protected industrial action, and Boggabri Coal properly withheld the claimed amounts under s 474(1).

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' 'No order for costs.']