Australian Collieries Staff Association v Newlands Coal Pty Ltd [1998] FCA 1722

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW – interpretation – whether construction of award must be done by examination of the provisions of the award without assistance of extrinsic material - whether engagement of temporary employee without having consulted Branch Secretary of the Association or by order of appropriate industrial authority was in breach of the award – interpretation of "casuals and temporaries" clause. Workplace Relations Act 1996 (Cth), s 178(1) Coal Mining Industry (Supervision and Administration) Interim Consent Award 1990, Queensland Short v FW Hercus Pty Ltd (1993) 40 FCR 511, referred to Curragh Queensland Mining Ltd v CFMEU (1997) 77 IR 232, applied

AUSTRALIAN COLLIERIES STAFF ASSOCIATION v NEWLANDS COAL PTY LTD QG 120 of 1997 DRUMMOND J 12 NOVEMBER 1998 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 120 of 1997

BETWEEN: AUSTRALIAN COLLIERIES STAFF ASSOCIATION

Applicant

AND: NEWLANDS COAL PTY LTD (ACN 010 082 578)

Respondent

JUDGE: DRUMMOND J

DATE OF ORDER: 12/11/98

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 120 of 1997

BETWEEN: AUSTRALIAN COLLIERIES STAFF ASSOCIATION

Applicant

AND: NEWLANDS COAL PTY LTD (ACN 010 082 578)

Respondent

JUDGE: DRUMMOND J

DATE: 12/11/98

PLACE: BRISBANE

REASONS FOR JUDGMENT

This is an application by the applicant Union for the imposition of a penalty on the respondent pursuant to s 178(1) the Workplace Relations Act 1996 (Cth) for breach of cl 6(b) of the Coal Mining Industry (Supervision and Administration) Interim Consent Award 1990, Queensland ("the Award").