Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2018] FCA 125

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2018] FCA 125 File number: QUD 174 of 2017

Judge: RANGIAH J

Date of judgment: 23 February 2018

Catchwords: INDUSTRIAL LAW – where employees' salaries were reduced following reduction in shift lengths – finding that employees were underpaid – finding that employer contravened enterprise agreement

Legislation: Fair Work Act 2009 (Cth) s 50 Federal Court Rules 2011 (Cth) r 16.07(2)

Cases cited: Amcor Limited v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2011] FCA 1294 Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2015] FCAFC 149 Kucks v CSR Limited (1996) 66 IR 182

Date of hearing: 27 October 2017

Registry: Queensland

Division: General Division

National Practice Area: Employment & Industrial Relations

Category: Catchwords

Number of paragraphs: 56

Counsel for the Applicant: Mr CA Massy

Solicitor for the Applicant: Hall Payne Lawyers

Counsel for the Respondent: Mr I Neil SC with Ms J Alderson

Solicitor for the Respondent: Ashurst Australia

ORDERS QUD 174 of 2017

BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION Applicant

AND: HAIL CREEK COAL PTY LTD Respondent

JUDGE: RANGIAH J DATE OF ORDER: 23 FEBRUARY 2018

THE COURT ORDERS THAT:

1. On or before 4.30 pm on Thursday, 8 March 2018, the applicant is to file and serve its submissions on penalty and any supporting evidence. 2. On or before 4.30 pm on Wednesday, 21 March 2018, the respondent is to file and serve its submissions on penalty and any supporting evidence. 3. On or before 4.30 pm on Friday, 23 March 2018, the applicant is to file and serve its reply (if any). 4. On or before Friday 23 March 2018, the parties are to confer and attempt to reach agreement regarding the proposed orders for compensation and declaratory relief. 5. On or before 4.30 pm on Friday 23 March 2018, if unable to reach agreement on the proposed orders for compensation and declaratory relief, the parties are to file and serve their submissions and any supporting evidence in relation to those matters. 6. The matter is listed for hearing in Brisbane for half a day commencing at 10.15 am on Monday 26 March 2018. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.