Cumnock No 1 Colliery Pty Ltd v Construction, Forestry, Mining & Energy Union [1998] FCA 252

Cumnock No 1 Colliery Pty Ltd v Construction, Forestry, Mining & Energy Union [1998] FCA 252

There is a high degree of interchangeability between production and engineering employees in the applicant's open cut and underground mines; therefore, for the purposes of applying clause 16.2 of the Award regarding redundancy ('last on, first off'), work at Cumnock South Open Cut mine does not constitute a different class of work to corresponding work at Cumnock underground mine.

Jurisdiction
Australia
Judgment Date
23 March 1998
Procedural Posture
Application for Interpretation of Award Under Statute / Final Determination
Outcome
Declaration granted
Legal Topics
['industrial Awards' 'redundancy' 'interpretation of Award' 'seniority' 'classes of Work']
['industrial Law'] ['industrial Awards' 'redundancy' 'interpretation of Award' 'seniority' 'classes of Work']

Case Brief

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Procedural Posture

Application for Interpretation of Award Under Statute / Final Determination

Legal Issues

  1. 1 ["Whether work in one location (open cut mine) falls within a different class to corresponding work in the other location (underground mine) under 'last on, first off' redundancy provisions"]

Ratio Decidendi

There is a high degree of interchangeability between production and engineering employees in the applicant's open cut and underground mines; therefore, for the purposes of applying clause 16.2 of the Award regarding redundancy ('last on, first off'), work at Cumnock South Open Cut mine does not constitute a different class of work to corresponding work at Cumnock underground mine.

Court Disposition

Declaration granted

Orders

  • ["Declared that, on the true construction of clause 16.2 of the Coal Mining Industry (Production and Engineering) Consolidated Award 1997, work performed by production employees in the applicant's Cumnock South Open Cut mine does not constitute a different class of work to work performed by production employees in...