Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation (Form of Orders) [2024] FCA 54

Federal Court of Australia

Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation (Form of Orders) [2024] FCA 54 File number: NSD 156 of 2021

Judgment of: PERRAM J

Date of judgment: 6 February 2024

Catchwords: PRACTICE AND PROCEDURE – formulation of orders to give effect to the reasons for judgment in Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation [2023] FCA 1515

Legislation: Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) s 4(1) Federal Court Rules 2011 (Cth) rr 1.40(a), 30.01, 39.03

Cases cited: Mensink v Registrar of the Federal Court of Australia [2022] FCAFC 102; 294 FCR 101 Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation [2023] FCA 1515 Zetta Jet Pte Ltd v The Ship Dragon Pearl (No 2) [2018] FCAFC 132; 265 FCR 290

Division: Fair Work Division

Registry: New South Wales

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 8

Date of hearing: Determined on the papers

Counsel for the Applicant: Mr C Murdoch KC and Mr D Fuller

Solicitor for the Applicant: MinterEllison

Counsel for the Respondent: Mr J Clarke SC and Mr S Meehan SC

Solicitor for the Respondent: Corrs Chambers Westgarth

ORDERS NSD 156 of 2021

BETWEEN: ORICA AUSTRALIA PTY LTD Applicant

AND: COAL MINING INDUSTRY (LONG SERVICE LEAVE FUNDING) CORPORATION Respondent

order made by: PERRAM J DATE OF ORDER: 6 FEBRUARY 2024

THE COURT DECLARES THAT:

1. Employees of Orica Australia Pty Ltd who perform or performed shotfiring and related services at black coal mines in New South Wales as and from 2013 are eligible employees within the meaning of subsection (b) of the definition in section 4(1) of the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth). 2. The Notice issued by the Coal Mining Industry (Long Service Leave Funding) Corporation on 21 May 2019, as pleaded in paragraph 3 of the Statement of Claim filed by Orica Australia Pty Ltd in these proceedings (the 'Notice'), was validly issued under section 52A of the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth). 3. Orica Australia Pty Ltd, by failing to comply with the Notice, contravened section 52A(5) of the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth). 4. Orica Australia Pty Ltd failed, during the period 2013 to date, to pay to the Coal Mining Industry (Long Service Leave Funding) Corporation levies imposed by section 4 of the Coal Mining Industry (Long Service Leave) Payroll Levy Act 1992 (Cth) on eligible wages paid to all of its employees who perform or performed shotfiring and related services at black coal mines in New South Wales, pursuant to section 6 of the Coal Mining Industry (Long Service Leave) Payroll Levy Act 1992 (Cth).