Construction, Forestry, Maritime, Mining and Energy Union v BHP Coal Pty Ltd
[2023] FWC 2092
•21 AUGUST 2023
| [2023] FWC 2092 [Note: An appeal pursuant to s.604 (C2023/5279) was lodged against this decision.] |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.739—Dispute resolution
Construction, Forestry, Maritime, Mining and Energy Union
v
BHP Coal Pty Ltd
(C2022/4034)
| VICE PRESIDENT ASBURY | BRISBANE, 21 AUGUST 2023 |
Alleged dispute about any matters arising under the enterprise agreement and the NES; [s186(6)]
This Decision concerns an application made by the Construction, Forestry, Maritime, Mining and Energy Union – Mining and Energy Division (MEU) pursuant to s. 739 of the Fair Work Act 2009 (the Act) for the Fair Work Commission to deal with a dispute under the dispute resolution procedures in the BMA Enterprise Agreement 2018 (the Agreement). The Respondent is BHP Coal Pty Ltd (BHP), the employer covered by the Agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), have been granted permission to intervene in these proceedings.
The agreed question for determination and my answer to the question are as follows:
Question:
“Can BHP lawfully cease the $60 per week deduction from post-tax salary of all employees residing in the SPV?”
Answer:
No.
Reasons for this Decision will issue separately.
VICE PRESIDENT
Appearances:
Mr C Newman, for the MEU.
Mr L Saunders of counsel, for the AMWU and CEPU.
Mr I Neil SC of counsel, for BHP.
Hearing details:
2023.
By Microsoft Teams:
2 March.
Printed by authority of the Commonwealth Government Printer
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