Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd

The matter before the court involved the Construction, Forestry, Mining and Energy Union and BHP Coal Pty Ltd, where the dispute centred on the interpretation of a workplace agreement, specifically concerning rostering powers and the implementation of changes to start and finish times. The case was heard in the Federal Court of Australia.

The primary legal issue the court had to address was whether the respondent, BHP Coal Pty Ltd, was entitled to unilaterally trial and implement changes to start and finish times under a central agreement, or if an agreement with affected employees was necessary. The court also needed to determine whether there was an inconsistency between the central agreement and a schedule specific to a particular mine.

In its reasoning, the court held that there was no inconsistency between the central agreement and the specific schedule. The court found that an express provision in the central agreement regarding the fixing of start and finish times acted as a "carve-out" of the rostering power in the central agreement, meaning that the agreement of affected employees was required to change roster arrangements. Consequently, the court ruled that BHP Coal Pty Ltd was not permitted to conduct a trial of changed starting and finishing times and subsequently implement those changes under clause 17.3 of the agreement. However, if BHP Coal Pty Ltd had agreed with a group of affected employees, as defined in clause 17.1.2, any changes to starting and finishing times would not require further agreement.

The court ordered that a separate question concerning the interpretation of the agreement be heard in the civil penalty proceedings, with the outcome to be determined as specified in the orders. The court further adjourned the proceeding to a later date, to be determined.