Construction, Forestry, Mining and Energy Union v Anglo Coal (Callide Management) Pty Ltd [2015] FCA 696

Construction, Forestry, Mining and Energy Union v Anglo Coal (Callide Management) Pty Ltd [2015] FCA 696

The OCE/Supervisor position is primarily a supervisory role with OCE duties as a secondary aspect. The principal function, main duties, and core operating skills required for the position are supervisory and not covered by the Enterprise Agreement. Therefore, recruitment, selection, and grievance procedures in the Agreement do not apply, and Anglo Coal did not contravene s 50 of the Fair Work Act 2009 (Cth).

Jurisdiction
Australia
Judgment Date
09 July 2015
Procedural Posture
Application / Judgment
Outcome
Application dismissed
Legal Topics
['enterprise Agreement Coverage' 'employee Classification' 'grievance Procedures' 'supervisory Roles in Mining']
['industrial Law'] ['enterprise Agreement Coverage' 'employee Classification' 'grievance Procedures' 'supervisory Roles in Mining']

Case Brief

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Procedural Posture

Application / Judgment

Legal Issues

  1. 1 ['Whether Anglo Coal (Callide Management) Pty Ltd contravened s 50 of the Fair Work Act 2009 (Cth) by failing to comply with clauses 8.2 and 16 of the Callide Mine Union Enterprise Agreement 2012' 'Whether the new OCE/Supervisor position is covered by the Enterprise Agreement' 'Whether the OCE/Supervisor position was a sham substitute for the pre-existing OCE position']

Ratio Decidendi

The OCE/Supervisor position is primarily a supervisory role with OCE duties as a secondary aspect. The principal function, main duties, and core operating skills required for the position are supervisory and not covered by the Enterprise Agreement. Therefore, recruitment, selection, and grievance procedures in the Agreement do not apply, and Anglo Coal did not contravene s 50 of the Fair Work Act 2009 (Cth).

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']