Fair Work Act 2009

s.739 - Dispute resolution

Construction, Forestry, Maritime, Mining and Energy Union

Alleged dispute about any matters arising under the enterprise agreement and the NES; [s186(6)]

• [1] This Decision concerns an application made by the Construction, Forestry, Maritime, Mining and Energy Union - Mining and Energy Division (MEU) pursuant to s. 739 of the Fair Work Act 2009 (the Act) for the Fair Work Commission to deal with a dispute under the dispute resolution procedures in the BMA Enterprise Agreement 2018 (the Agreement). The Respondent is BHP Coal Pty Ltd (BHP), the employer covered by the Agreement.

• [2] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), have been granted permission to intervene in these proceedings.

• [3] The agreed question for determination and my answer to the question are as follows:

"Can BHP lawfully cease the $60 per week deduction from post-tax salary of all employees residing in the SPV?"

• [4] Reasons for this Decision will issue separately.

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