Construction, Forestry, Maritime, Mining and Energy Union, Mr Matthew Howard v Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of Mr Matthew Howard, sought a declaration that the respondent, Mt Arthur Coal Pty Ltd, had breached the terms of an enterprise agreement. The dispute arose from an alleged contravention of the agreement's dispute settlement procedure by the respondent, which was alleged to have failed to provide Mr Howard with adequate information regarding the disciplinary action taken against him. The case was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the respondent had breached the enterprise agreement by not supplying Mr Howard with the required information as stipulated in the agreement's dispute settlement procedure. The Commission needed to determine whether the respondent's actions amounted to a contravention of the agreement and whether the applicant's application was valid. The Commission also considered whether the respondent's actions had caused detriment to Mr Howard.

The Commission found that the respondent had breached the enterprise agreement by not providing Mr Howard with the necessary information as required by the agreement's dispute settlement procedure. The Commission held that the respondent's actions amounted to a contravention of the agreement and that the applicant's application was valid. The Commission further found that the respondent's actions had caused detriment to Mr Howard. The Commission ordered the respondent to provide Mr Howard with the information required by the agreement's dispute settlement procedure and to pay compensation to Mr Howard for the detriment suffered.