CFMEU v Glendell Mining Pty Ltd

The Full Federal Court heard an appeal concerning a dispute between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Glendell Mining Pty Ltd. The core of the disagreement related to Glendell Mining's alleged contravention of the Fair Work Act 2009 (Cth) by failing to provide the CFMEU with a list of employees at its mine site, as required by a clause in the relevant enterprise agreement. The CFMEU sought orders for Glendell Mining to comply with this obligation.

The primary legal issue before the Full Court was whether Glendell Mining had breached clause 10.1 of the Glendell Mine Enterprise Agreement 2019 (the Agreement), which stipulated that the company must provide the CFMEU with a list of employees at the mine site upon request. The Court also had to consider whether the failure to provide this information constituted a contravention of section 50 of the Fair Work Act, which prohibits employers from taking adverse action against employees for exercising workplace rights, and whether the CFMEU was entitled to an injunction to compel compliance.

The Full Court found that Glendell Mining had indeed contravened clause 10.1 of the Agreement by failing to provide the requested employee list. The Court reasoned that the obligation to provide the list was clear and unambiguous, and Glendell Mining's failure to do so was not excused by any purported difficulties or the fact that the information might be available through other means. The Court also determined that the CFMEU had established a sufficient case for the grant of an injunction, as there was a real prospect of future contraventions and the order was necessary to preserve the status quo and ensure compliance with the Agreement.

Consequently, the Full Federal Court ordered that Glendell Mining Pty Ltd be restrained from contravening clause 10.1 of the Agreement and was ordered to provide the CFMEU with the list of employees at the Glendell mine site within 14 days of the order.