Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2015] FCA 532

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2015] FCA 532 Citation: Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2015] FCA 532

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

File number: QUD 480 of 2014

Judge: LOGAN J

Date of judgment: 20 May 2015

Catchwords: INDUSTRIAL LAW – construction of awards and agreements – preliminary question concerning the proper construction of sick leave clause in enterprise agreement – whether respondent's employees covered by agreement entitled to unlimited sick leave as contended by applicant or only entitlement contained in the National Employment Standards (NES) in s 96 of the Fair Work Act 2009 (Cth) – conflicting evidence from parties as to prior negotiations and how sick leave clause had operated in practice – evidence demonstrative of how controversy arose but not of assistance in construing clause – proper construction of sick leave clause when read in context and which makes industrial and commercial sense is that employees have sick leave entitlement prescribed by the NES with manager discretion as to any further entitlement

Legislation: Corporations Act 2001 (Cth) Fair Work Act 2009 (Cth) Workplace Relations Act 1996 (Cth) Industrial Relations Act 1999 (Qld) s 10 Federal Court Rules 2011 (Cth) r 30.01

Cases cited: Association of Professional Engineers, Scientists and Managers, Australia, v Dendrobium Coal Pty Ltd [2015] FCA 111 Australian Agricultural Company v Federated Engine-Drivers and Firemen's Association of Australasia (1913) 17 CLR 261 City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union (2006) 153 IR 426 City of Wanneroo v Holmes (1989) 30 IR 362 Short v FW Hercus Pty Ltd (1993) 40 FCR 511 Transport Workers' Union of Australia v Linfox Australia Pty Ltd (2014) 318 ALR 54