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

The Construction, Forestry, Maritime, Mining and Energy Union and Mr Matthew Howard, on behalf of employees, applied to the Fair Work Commission for the Commission to address a dispute in accordance with a dispute settlement procedure in the Mt Arthur Coal Enterprise Agreement 2019. The dispute arose from Mt Arthur Coal's implementation of a Site Access Requirement mandating COVID-19 vaccinations for employees. The Union and Mr Howard argued that this requirement was unlawful and unreasonable, and that the company failed to reasonably consult with employees, contrary to the Work Health and Safety Act 2011 (NSW).

The legal issues before the court centred on whether the Site Access Requirement constituted a lawful and reasonable direction under the enterprise agreement, and whether Mt Arthur Coal had fulfilled its consultation obligations with employees as mandated by the Work Health and Safety Act. The court also had to determine whether the Commission was empowered to facilitate discussions regarding the consultation process between the parties.

The court found that the Site Access Requirement was not a lawful and reasonable direction as it did not align with the dispute settlement procedures outlined in the enterprise agreement. Furthermore, the court ruled that Mt Arthur Coal had not reasonably consulted with employees, breaching the obligations under the Work Health and Safety Act. The court concluded that the Commission had the authority to facilitate discussions between the parties to address the consultation process. This decision underscores the importance of adhering to enterprise agreements and statutory consultation requirements in employment disputes.

The court ordered that the Commission would facilitate discussions between Mt Arthur Coal and the Union to address the consultation process and the implementation of the Site Access Requirement. This ruling highlights the need for employers to adhere to agreed dispute resolution mechanisms and statutory obligations to ensure lawful and reasonable directions are made and consultation processes are properly followed.