Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2016] FCA 199

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2016] FCA 199 File number: QUD 686 of 2014

Judge: REEVES J

Date of judgment: 26 February 2016

Catchwords: INDUSTRIAL LAW – where respondent stood down an employee and ceased paying him wages after a medical assessment was performed under the Coal Mining Safety and Health Act 1999 (Qld) – whether respondent contravened s 340 of the Fair Work Act 2009 (Cth) by standing down the employee and failing to pay him wages – whether respondent discharged its onus to show that none of the workplace rights exercised by the employee was a substantial and operative reason to stand down the employee – whether respondent contravened s 50 of the Fair Work Act 2009 (Cth) by failing to pay the employee wages in accordance with relevant clauses of the enterprise agreement

Legislation: Coal Mining Safety and Health Act 1999 (Qld) Coal Mining Safety and Health Regulation 2001 (Qld) Fair Work Act 2009 (Cth) Workers' Compensation and Rehabilitation Act 2003 (Qld)

Cases cited: Athens v Randwick City Council (2005) 64 NSWLR 58; [2005] NSWCA 317 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500; [2012] HCA 32 Coal & Allied Mining Services Pty Ltd v MacPherson (2010) 185 FCR 383; [2010] FCAFC 83 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2014) 253 CLR 243; [2014] HCA 41 Construction, Forestry, Mining and Energy Union v Clermont Coal Pty Limited [2015] FCA 1014 Gapes v Commercial Bank of Australia (1980) 41 FLR 27 Short v Ambulance Victoria [2015] FCAFC 55 Spotless Catering Service Ltd v Federated Liquor and Allied Industries Employees Union of Australia, NSW Branch (1988) 25 IR 255 United Firefighters' Union of Australia v Metropolitan Fire Brigades Board (1998) 86 IR 340