Mining company loses appeal

A MINING company has failed to win over enough Federal Court judges in a roster dispute affecting operators and maintenance workers.

In April, the Bowen Basin coal company was ordered to pay the CFMEU for breaking fair work rules 506 times.

As reported then, the Federal Court said Hail Creek Coal knew reducing a roster allowance would be detrimental to workers, but went ahead anyway. Justice Darryl Rangiah found Hail Creek underpaid 20 employees.

But the miner appealed and the court delivered its judgment yesterday.

Federal judges including Justice Mordecai Bromberg examined disputes about what an “indicative 45.75 hour week” meant.

Hail Creek contended that Justice Rangiah wrongly treated that word to mean that hours stipulated in the roster description were approximate, Justice Bromberg said.

“That was said to be incorrect because the hours stipulated by a roster are fixed and exact.”

But Justice Bromberg said this argument from Hail Creek was a “mischaracterisation” of Justice Rangiah’s reasoning.

Justice Bromberg said the company’s appeal should be dismissed.

But Justice David O’Callaghan had a different opinion. That left Justice John Reeves holding the balance.

“I agree generally with the reasons of [ Justice Bromberg] for rejecting the construction advanced by Hail Creek,” Justice Reeves said.

The appeal was dismissed.