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

[2019] FWC 3523

[2019] FWC 3523

FAIR WORK COMMISSION

RECOMMENDATION

Fair Work Act 2009
s.739 - Application to deal with a dispute

Construction, Forestry, Maritime, Mining and Energy Union
v
Helensburgh Coal Pty Ltd
(C2019/1819)

COMMISSIONER CAMBRIDGE SYDNEY, 22 MAY 2019

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)].

[1] The Commission makes this Recommendation further to proceedings conducted in this matter on 4 April 2019, at which time the Construction, Forestry, Maritime, Mining and Energy Union (the applicant) and the respondent, (Helensburgh Coal Pty Ltd), jointly requested that the Commission provide an informal Recommendation as a means to resolve an outstanding issue in dispute between the Parties.

[2] The outstanding issue in dispute has involved a claim for payment of a particular bonus component referred to as the Continuous Miner Development Bonus, in circumstances where a continuous miner machine was used to develop an underground roadway as part of a mine development project known as the Centenary Project. The terms and conditions applicable to payment of the Continuous Miner Development Bonus are prescribed in the relevant industrial instrument, an enterprise agreement titled Helensburgh Coal Enterprise Agreement 2017 (the EA).

[3] The Parties agreed to provide the Commission with documentary summaries of their respective positions upon which the Recommendation would be made. The Parties provided their respective position papers on 13 May 2019, and the Commission has carefully examined these documents, and the relevant terms of the EA, specifically the terms set out in dot point form in the Continuous Miner Development Bonus section of Schedule A of the EA.

[4] Having considered these materials, the Commission firstly; notes that the Parties agreement as was reflected in the memorandum of 11 December 2018, does not mention or provide any basis to infer, that any understanding was reached between the Parties for payment to be made in respect of any of the four bonus payments found in Schedule A of the EA.

[5] Secondly, it would appear that the proper interpretation that should be provided for the terms contained in the dot points contained in the Continuous Miner Development Bonus part of Schedule A of the EA, establishes that the bonus is payable in respect to the development of longwall panels calculated by survey of the face positions upon which a linear metre advance figure would be established. This development of longwall panels is work that is different and can be distinguished from the development of a roadway albeit that “…this roadway is necessary before work is done in future longwall panels in the adjacent area.” 1

[6] Consequently, I RECOMMEND that there is no obligation for payment to be made, or entitlement arising from interpretation of the relevant the terms of the EA, that would result in any payment of the Continuous Miner Development Bonus in respect to the roadway development work conducted as part of the Centenary Project.

COMMISSIONER

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 1   Summary of position on behalf of CFMMEU @ paragraph 12.