Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Anglo Coal (Callide Management) Pty Ltd [2015] FCA 696 Citation: Construction, Forestry, Mining and Energy Union v Anglo Coal (Callide Management) Pty Ltd [2015] FCA 696
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v ANGLO COAL (CALLIDE MANAGEMENT) PTY LTD
File number: QUD 465 of 2014
Judge: LOGAN J
Date of judgment: 9 July 2015
Catchwords: INDUSTRIAL LAW – alleged contraventions of s 50 of the Fair Work Act 2009 (Cth) – respondent mining company replaced position of Open Cut Examiner (OCE) covered by enterprise agreement with dual OCE/Supervisor position to address supervisor shortage and assist in achieving continuous mining operations – whether new position covered by enterprise agreement –where enterprise agreement classified employees as either production or engineering employees – neither classification made reference to supervisory skills – where supervisory duties primary aspect of role – employee required to undertake secondary OCE duties as required – supervisory aspect drawn from role of Production Supervisor not covered by enterprise agreement – whether OCE/Supervisor a sham substitute for pre-existing OCE position – enterprise agreement does not apply
Legislation: Fair Work Act 2009 (Cth) ss 50, 546 Coal Mining Safety and Health Act 1999 (Qld) ss 25, 59 Coal Mining Safety and Health Regulation 2001 (Qld) reg 104, reg 105
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