Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2011] FCA 1294

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2011] FCA 1294 Citation: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2011] FCA 1294

Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v BHP COAL PTY LTD

File number: QUD 312 of 2011

Judge: LOGAN J

Date of judgment: 8 November 2011

Catchwords: INDUSTRIAL LAW – construction of workplace agreements – whether inconsistency between central agreement and schedule specific to particular mine – whether rostering power in central agreement allowed respondent to unilaterally trial and implement changes to start and finish times or whether agreement with affected employees required – no inconsistency between central agreement and schedule – express provision in central agreement re fixing of start and finish times operated as a "carve-out" of rostering power in central agreement – agreement of affected employees required to change roster arrangements

Words & Phrases: "roster"

Legislation: Fair Work Act 2009 (Cth)

Cases cited: Australasian Meat Industry Employees Union v Coles Supermarkets Australia Pty Ltd (1998) 80 IR 208 followed Communications, Electrical, Electronic, Energy, Information, Postal Plumbing and Allied Services Union v QR Ltd (2010) 268 ALR 514 cited Kucks v CSR Ltd (1996) 66 IR 182 applied QR Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (2010) 204 IR 142 cited Royal Melbourne Institute of Technology v National Tertiary Education Industry Union (2011) 203 IR 294 considered