Construction, Forestry, Mining and Energy Union v Anglo Coal (Callide Management) Pty Ltd [2016] FCAFC 57

Construction, Forestry, Mining and Energy Union v Anglo Coal (Callide Management) Pty Ltd [2016] FCAFC 57

The OCE/Supervisor positions were not Production Employee Level 3 positions or positions for new Production or Engineering Employees under clause 8.2 because they carried significant supervisory responsibilities, sat at the same organisational level as Production Supervisors, attracted higher remuneration, and were not shams for OCE positions. Anglo Coal therefore was not required to involve existing employees in recruitment and selection. The grievance did not arise out of the application of the Agreement because the Agreement, properly construed, did not apply to the OCE/Supervisor recruitment process; a mistaken assertion by the Union that clause 8.2 applied was insufficient to engage...

Jurisdiction
Australia
Judgment Date
13 April 2016
Procedural Posture
Industrial Law Appeal Concerning Alleged Contraventions of S 50 of the Fair Work Act 2009 (cth) and Enterprise Agreement Provisions / Appeal From Construction, Forestry, Mining and Energy Union V Anglo Coal (callide Management) Pty Ltd [2015] FCA 696
Outcome
Appeal dismissed.
Legal Topics
['enterprise Agreement Construction' 'recruitment and Selection Under Enterprise Agreement' 'grievance Procedure' 'open Cut Examiner/supervisor Classification' 'fair Work Act 2009 (cth) S 50']
['industrial Law' 'employment and Industrial Relations'] ['enterprise Agreement Construction' 'recruitment and Selection Under Enterprise Agreement' 'grievance Procedure' 'open Cut Examiner/supervisor Classification' 'fair Work Act 2009 (cth) S 50']

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Procedural Posture

Industrial Law Appeal Concerning Alleged Contraventions of S 50 of the Fair Work Act 2009 (cth) and Enterprise Agreement Provisions / Appeal From Construction, Forestry, Mining and Energy Union V Anglo Coal (callide Management) Pty Ltd [2015] FCA 696

Legal Issues

  1. 1 ['Whether the OCE/Supervisor positions were positions for new Production or Engineering Employees within clause 8.2 of the Callide Mine Union Enterprise Agreement 2012.' 'Whether Anglo Coal contravened clause 8.2 by not involving employees from the relevant workgroup in recruitment and selection for the OCE/Supervisor positions.' 'Whether the grievance procedure in clause 16 was engaged by a grievance concerning positions found not to be covered by the Agreement.' 'Whether the primary judge erred by treating the three OCE/Supervisor positions collectively rather than separately, particularly the position filled by Mr Brunker.']

Ratio Decidendi

The OCE/Supervisor positions were not Production Employee Level 3 positions or positions for new Production or Engineering Employees under clause 8.2 because they carried significant supervisory responsibilities, sat at the same organisational level as Production Supervisors, attracted higher remuneration, and were not shams for OCE positions. Anglo Coal therefore was not required to involve existing employees in recruitment and selection. The grievance did not arise out of the application of the Agreement because the Agreement, properly construed, did not apply to the OCE/Supervisor recruitment process; a mistaken assertion by the Union that clause 8.2 applied was insufficient to engage...

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.']