Mather v BHP Billiton Limited

The applicant, Mather, sought an increase in his award wages through an application to the Fair Work Commission. Mather, who had previously been employed by BHP Billiton Limited, argued that his award wages were inadequate in light of the significant changes in the cost of living since his employment had ended. The matter was heard and determined by the Full Bench of the Fair Work Commission, which consisted of President Dowsett, Commissioner Ryan, and Commissioner O’Connell. The primary legal issue before the court was whether the inference that Mather had retired from the industry was appropriate based on the evidence provided. Additionally, the court needed to determine whether the evidence was adequate to support a finding that Mather's award wages were insufficient. The court carefully examined the evidence presented by Mather and considered the arguments made by both parties regarding the adequacy of the evidence and the appropriateness of the inference that Mather had retired. The Full Bench concluded that the inference that Mather had retired was not appropriate, as the evidence did not clearly support such a conclusion. The court found that Mather's decision to leave the industry was due to a change in his personal circumstances, rather than a retirement. Furthermore, the court determined that the evidence was adequate to support a finding that Mather's award wages were insufficient. In light of these findings, the Full Bench revoked paragraph 1 of the Arbitrator's decision and made a new decision in its place, ordering that Mather's award wages be increased. This decision ensures that Mather's award wages are in line with the current cost of living, providing him with the necessary financial support.