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

The dispute in *Construction, Forestry, Mining and Energy Union v Clermont Coal Pty Ltd* concerned the proper construction of an annual leave clause within an enterprise agreement and whether the employer, Clermont Coal Pty Ltd, had breached the *Fair Work Act 2009* (Cth) in its application of that clause. The matter came before Judge Jarrett.

The central legal issue for determination was whether Clermont Coal Pty Ltd had correctly interpreted and applied the annual leave provisions of the relevant enterprise agreement, and consequently, whether this application constituted a breach of the *Fair Work Act 2009* (Cth).

Judge Jarrett found that the employer's interpretation and application of the annual leave clause were consistent with its plain language and the overall context of the enterprise agreement. The Court concluded that Clermont Coal Pty Ltd had not acted in contravention of the agreement or the *Fair Work Act 2009* (Cth). Accordingly, the application brought by the Construction, Forestry, Mining and Energy Union was dismissed.