Construction, Forestry, Maritime, Mining and Energy Union v BHP Coal Pty Ltd
[2022] FWC 1353
•30 MAY 2022
| [2022] FWC 1353 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.739 - Application to deal with a dispute
Construction, Forestry, Maritime, Mining and Energy Union
v
BHP Coal Pty Ltd
(C2021/4037)
| DEPUTY PRESIDENT ASBURY | BRISBANE, 30 MAY 2022 |
Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)]
This decision concerns an application by the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU/the Applicant) under s.739 of the Fair Work Act 2009 (FW Act) seeking that the Fair Work Commission (the Commission) deal with a dispute under the dispute resolution procedure in the BMA Enterprise Agreement 2018 (the 2018 Agreement). The Respondent is BHP Coal Pty Ltd (Respondent).
The dispute relates to the reasonableness of a disciplinary sanction imposed by the Respondent against Mr Russell Robertson, a member of the Applicant and employee of the Respondent at the Goonyella Riverside Mine.
The agreed question for determination and my answer to that question is as follows:
Question
Was it reasonable, in all of the circumstances, for the Respondent to issue a Level 3 Final Warning to Mr Robertson?
Answer
No.
Reasons for this Decision will issue separately.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR742131>
0
0
0