Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Anglo Coal (Callide Management) Pty Ltd [2016] FCAFC 57 Appeal from: Construction, Forestry, Mining and Energy Union v Anglo Coal (Callide Management) Pty Ltd [2015] FCA 696
File number: QUD 630 of 2015
Judges: TRACEY, FLICK AND RANGIAH JJ
Date of judgment: 13 April 2016
Catchwords: INDUSTRIAL LAW – alleged contraventions of s 50 of the Fair Work Act 2009 (Cth) – alleged contraventions of enterprise agreement terms regarding selection and recruitment and resolution of grievances – whether position carrying open cut examiner duties and supervisory responsibilities covered by enterprise agreement where no reference to supervisory skills in enterprise agreement classifications – whether grievance procedure engaged – meaning of "arising out of the application of this Agreement" – where grievance relates to position not covered by enterprise agreement
Legislation: Coal Mining Safety and Health Act 1999 (Qld) s 59 Coal Mining Safety and Health Regulation 2001 (Qld) reg 105 Fair Work Act 2009 (Cth) s 50
Cases cited: Alcoa of Australia Pty Ltd v Amalgamated Engineering Union (Australian Section) (1965) 7 FLR 180 – cited Construction, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Thiess Pty Ltd (2011) 212 IR 327 – distinguished
Date of hearing: 18 February 2016
Date of last submissions: 20 February 2016
Registry: Queensland
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
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