Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2015] FCA 532

Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2015] FCA 532

Clause 13.7 provides that employees are entitled to paid sick leave only up to their entitlement under the National Employment Standards in s 96 of the Fair Work Act 2009 (Cth); any extended sick leave beyond that is at managerial discretion, with payment for at least three months at total salary where granted....

Source-derived case information.

Parties
Applicant: Construction, Forestry, Mining and Energy Union; Respondent: Hail Creek Coal Pty Ltd
Jurisdiction
Australia
Judgment Date
20 May 2015
Procedural Posture
Industrial Dispute (construction of Enterprise Agreement) / Determination of Separate Question; Reasons for Judgment
Outcome
Separate question answered; construction of clause 13.7 clarified as per orders.
Legal Topics
Enterprise Agreements, Sick Leave Entitlements, Interpretation of Industrial Instruments
Industrial Law Employment Law Enterprise Agreements Sick Leave Entitlements Interpretation of Industrial Instruments

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Summary, issues, holding and outcome

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Parties

Construction, Forestry, Mining and Energy Union

Applicant

Hail Creek Coal Pty Ltd

Respondent

Procedural Posture

Industrial Dispute (construction of Enterprise Agreement) / Determination of Separate Question; Reasons for Judgment

Legal Issues

  1. 1 Proper construction of clause 13.7 of the Hail Creek Agreement 2011 regarding sick leave
  2. 2 Whether employees have an unlimited entitlement to paid sick leave or only NES entitlement under Fair Work Act 2009 (Cth)

Ratio Decidendi

Clause 13.7 provides that employees are entitled to paid sick leave only up to their entitlement under the National Employment Standards in s 96 of the Fair Work Act 2009 (Cth); any extended sick leave beyond that is at managerial discretion, with payment for at least three months at total salary where granted. There is no entitlement to unlimited paid sick leave.

Court Disposition

Separate question answered; construction of clause 13.7 clarified as per orders.

Orders

  • The Agreement entitles eligible employees to paid sick leave up to their NES entitlement (Fair Work Act 2009 (Cth), s 96); further paid extended sick leave is at managerial discretion, paid at total salary for at least three months where granted, with further pay subject to discretion.
  • No order as to costs regarding the separate question.