Construction, Forestry, Maritime, Mining and Energy Union v BHP Coal Pty Ltd T/A BHP Mitsubishi Alliance

[2022] FWC 1865

[2022] FWC 1865

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.739—Dispute resolution

Construction, Forestry, Maritime, Mining and Energy Union
v

BHP Coal Pty Ltd T/A BHP Mitsubishi Alliance

(C2021/6477)

DEPUTY PRESIDENT ASBURY BRISBANE, 18 JULY 2022

Alleged dispute about any matters arising under the modern award and the NES; [s146]

1. 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 T/A Mitsubishi Alliance (Respondent).

1. The dispute relates to the contested interpretation of clause 8.1(g) of the 2018 Agreement in respect of the requirement for the Respondent to provide automated haulage training.

1. The agreed question for determination and my answer to that question is as follows:

Question

On the proper construction of the BMA Enterprise Agreement 2018 (Agreement), does clause 8.1(g) of the Agreement require the respondent to offer training in automated haulage training module(s) to employees of the respondent to whom the Agreement applies who are required to work in the Autonomous Mining Area at Goonyella Riverside Mine before employees of OS MCAP Pty Ltd (OS) who work at Goonyella Riverside Mine undertake training in any automated haulage training module?

Answer

No.

1. Reasons for this Decision will issue separately.

DEPUTY PRESIDENT

Appearances:

L Tiley of Hall Payne Lawyers for the applicant.
J McLean of Counsel instructed by Herbert Smith Freehills for the respondent.

Hearing details:

2022.
Brisbane:
March 28, April 12.

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