Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2015] FCAFC 149

Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2015] FCAFC 149

Clause 13.7 of the Hail Creek Agreement 2011 entitles an employee, other than a casual, to be absent from work due to illness or injury and to be paid Total Salary for the period of absence, subject to other provisions of the clause. The right is not merely discretionary at management's behest.

Jurisdiction
Australia
Judgment Date
23 October 2015
Procedural Posture
Appeal / Judgment on Appeal From a Single Judge; Interpretation of Enterprise Agreement
Outcome
Appeal allowed
Legal Topics
['enterprise Agreement' 'personal Leave' 'sick Leave Entitlements' 'interpretation of Industrial Agreements']
['industrial Law'] ['enterprise Agreement' 'personal Leave' 'sick Leave Entitlements' 'interpretation of Industrial Agreements']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment on Appeal From a Single Judge; Interpretation of Enterprise Agreement

Legal Issues

  1. 1 ['Whether cl 13.7 of the Hail Creek Agreement 2011 provides an entitlement to sick leave or leaves the granting of sick leave to the discretion of management' "Interpretation of 'have access to paid sick leave' in the agreement" 'Interaction of enterprise agreement entitlements with National Employment Standards under the Fair Work Act']

Ratio Decidendi

Clause 13.7 of the Hail Creek Agreement 2011 entitles an employee, other than a casual, to be absent from work due to illness or injury and to be paid Total Salary for the period of absence, subject to other provisions of the clause. The right is not merely discretionary at management's behest.

Court Disposition

Appeal allowed

Orders

  • ['The appeal be allowed.' 'Order 1 made by the primary Judge on 20 May 2015 be set aside.' "The answer to the separate question is: Subject to other provisions of cl 13.7, the first sentence under 'Sick Leave' entitles an employee, other than a casual, to be absent from work when unable to work due to illness or...