Construction, Forestry, Mining and Energy Union v Anglo Coal (Drayton Management) Pty Ltd [2016] FCA 689

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Anglo Coal (Drayton Management) Pty Ltd [2016] FCA 689 Appeal from: Construction, Forestry, Mining & Energy Union v Anglo Coal (Drayton Management) Pty Ltd [2016] FCCA 400

File number: NSD 359 of 2016

Judge: BUCHANAN J

Date of judgment: 9 June 2016

Catchwords: INDUSTRIAL LAW – construction of enterprise agreement provision concerning cashing out of personal/carer's leave – where shifts of three different lengths are worked by employees – reduction of credit for leave taken reflected 8.5-hour shift length – 12.5-hour and 10.5-hour shift workers have greater effective entitlement to take leave if expressed as hours rather than days – cashing out provisions of the Fair Work Act 2009 (Cth) and enterprise agreement require payment to be made as if the leave was taken – Federal Circuit Court erred in its analysis – appeal upheld – declarations made

Legislation: Fair Work Act 2009 (Cth), ss 50, 55, 56, 62, 90, 90(2), 93, 93(2)(c), 94, 94(4), 96, 96(1), 99, 100, 101, 101(2)(a), 101(2)(c) Federal Circuit Court of Australia Act 1999 (Cth), s 17A Federal Court of Australia Act 1976 (Cth), s 24(1D)(ca) Anglo Coal (Drayton Management) Pty Ltd Enterprise Agreement 2012, cll 3, 6, 6.7, 11, 11.1, 12, 12.1, 12.2, 12.4, 12.5, 21, 21.3, 21.4, 21.7, 21.8, 21.9, 21.11, 24, 24.1, 24.2, 30, 30.2

Cases cited: Centennial Northern Mining Services Pty Ltd v Construction, Forestry, Mining and Energy Union (2015) 231 FCR 298

Date of hearing: 17 May 2016

Registry: New South Wales

Division: Fair Work Division