Construction, Forestry, Maritime, Mining & Energy Union v Boggabri Coal Operations Pty Ltd
Citation: [2021] FCA 719
At a glance
- Employees affected
- 1
What happened
the Applicant, an employee at Boggabri Coal Operations, was authorized to take protected industrial action on specified dates (30 September, 2 October, and 3 October 2019) for two-hour periods commencing at notified times. Before each notified commencement time, the Applicant parked his dozer, logged out systems, turned off the equipment, and walked to be transported to administration. These preparatory steps (taking 5-9 minutes before each protected action) secured and made safe the dozer as required by normal work procedures. The respondent deducted four hours' pay for each date, claiming the Applicant engaged in unprotected industrial action before the protected action commenced.
What was decided
Justice Jagot dismissed the union's application. The court found that the Applicant did engage in unprotected industrial action by stopping work early to prepare and secure equipment. The court held that because the protected industrial action had a specific notified commencement time, any work stoppage before that time constituted unprotected industrial action. The respondent was entitled under section 474 to deduct four hours' pay. The court rejected arguments that equipment securing was a normal part of work that could be performed before protected action commenced.
What it means for employers
When protected industrial action is authorized for specific times, any work stoppage or change in work performance before the notified time constitutes unprotected industrial action. Employers can apply pay deductions under section 474 if employees stop work before the authorized action period to prepare or secure equipment.
What it means for employees
Employees should understand that if they engage in any work stoppage or altered work performance before the notified time of protected industrial action (even to secure equipment), this may constitute unprotected industrial action and expose them to pay deductions.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2021/2021fca0719Want 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 →