Construction, Forestry, Maritime, Mining and Energy Union v Boggabri Coal Operations Pty Ltd

The case of Construction, Forestry, Maritime, Mining and Energy Union v Boggabri Coal Operations Pty Ltd involved the union and its members against Boggabri Coal Operations Pty Ltd. The dispute centered on whether certain actions taken by the union before a protected industrial action constituted industrial action for which deductions from remuneration were properly withheld. Specifically, the union argued that steps taken by one of its members to shut down machinery prior to the commencement of a planned industrial action did not constitute industrial action, and thus, the employer's deduction of amounts from the member's remuneration was unjustified. The Full Bench of the Federal Court of Australia was tasked with determining the validity of these actions and the deductions made by the employer.

The court had to decide whether the preparatory steps taken by the union member to shut down machinery constituted industrial action and whether these steps were authorised or agreed to by the employer. Additionally, the court needed to determine if the employer was justified in withholding remuneration based on these actions. The union contended that the actions were not industrial action, as they were akin to customary practices of "parking up and finishing" work whenever it ceased. However, the employer argued that these actions were indeed industrial action and were not authorised or agreed to by them.

In its reasoning, the court found that the union's actions constituted industrial action as they were not part of the customary practice of "parking up and finishing" work but rather were preparatory steps taken in advance of the planned industrial action. The court also concluded that these actions were not authorised or agreed to by the employer, as evidenced by the 26 September 2019 memorandum, which contradicted any such customs. Therefore, the court held that the employer was justified in deducting remuneration from the union member for these actions. The appeal by the union was dismissed, and no order for costs was made as per section 570(1) of the Fair Work Act 2009.

The final orders of the court were that the appeal be dismissed, and no costs were to be awarded to either party in light of section 570(1) of the Fair Work Act 2009. This decision underscores the importance of adhering to statutory conditions for protected industrial action and the consequences of failing to do so.