Coal and Allied Mining Operations Pty Limited v Doran [2011] FCA 1048

FEDERAL COURT OF AUSTRALIA Coal and Allied Mining Operations Pty Limited v Doran [2011] FCA 1048 Citation: Coal and Allied Mining Operations Pty Limited v Doran [2011] FCA 1048

Appeal from: Doran v Coal and Allied Mining Operations Pty Ltd (Chief Industrial Magistrate's Court of New South Wales, Case no. 2010/244262, 14 January 2011)

Parties: COAL AND ALLIED MINING SERVICES PTY LIMITED v TERRENCE MICHAEL DORAN

File number(s): NSD 89 of 2011

Judge: KATZMANN J

Date of judgment: 8 September 2011

Catchwords: INDUSTRIAL LAW – Workplace agreement – entitlements on termination of employment to accrued annual holiday and long service leave – payment at "ordinary time remuneration" – whether entitlements for injured employee in receipt of accident pay for over 39 weeks include work pattern allowance – proper interpretation of workplace agreement

Legislation: Fair Work Act 2009 (Cth) ss 12, 545(3) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Sch 2 item 4(1), Sch 3 item 2, Sch 16 items 2(2) and 16, Sch 17 item 24(2) Federal Court of Australia Act 1976 (Cth) s 24(1A) Workplace Relations Act 1996 (Cth) ss 172(1), 178, 228, 235(2), 527, 529

Cases cited: Amcor Limited v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 Coal & Allied Mining Services Pty Ltd v MacPherson (2010) 185 FCR 383 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 ECH Inc v Halliday [2011] FCAFC 51 Goodwin v Phillips (1908) 7 CLR 1 Re Luck (2003) 203 ALR 1 United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board (2006) 152 FCR 18