Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd (No. 2)
Citation: [2016] FCA 727
At a glance
- Penalty
- $24,000
- Employees affected
- 6
What happened
Hail Creek Coal Pty Ltd employed six workers under an enterprise agreement providing access to paid sick leave when unable to work due to illness or injury. Between 2014 and 2016, the company refused to provide six named employees access to paid sick leave on multiple occasions when they were ill. The workers had notified management of their illness as required and requested sick leave, but the company refused to recognize their entitlements.
What was decided
The court declared the company contravened the enterprise agreement and section 50 of the Fair Work Act on multiple occasions by denying paid sick leave to six employees across numerous dates. The court found the contraventions arose from a course of conduct and constituted a single contravention under s 557(1). The company was ordered to pay a civil penalty of $24,000.
What it means for employers
Employers cannot arbitrarily refuse paid sick leave entitlements mandated by enterprise agreements. Even a pattern of denials across multiple employees and dates can be treated as a single course of conduct attracting substantial penalties. Employers must honour sick leave provisions regardless of operational convenience.
What it means for employees
If your enterprise agreement provides paid sick leave, you have a legal right to access it when unfit for work due to illness or injury. the Respondent cannot simply refuse these entitlements, and repeated denials can lead to court-ordered penalties and compensation.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2016/2016fca0727Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →