1
Fair Work Act 2009
s.739—Dispute resolution
Construction, Forestry, Maritime, Mining and Energy Union
v
BHP Coal Pty Ltd T/A BHP Billiton Mitsubishi Alliance / BMA
(C2021/8213)
DEPUTY PRESIDENT ASBURY BRISBANE, 25 JANUARY 2022
Alleged dispute about any matters arising under the enterprise agreement and the
NES;[s186(6)] – correction to recommendation
[1] The Recommendation issued by the Fair Work Commission on 21 January 2022 [[2022]
FWC 81] is corrected by wholly replacing paragraph [208] with the following words:
[208] I also share the view advanced by Mr Neil for the Respondents in answer to the
hypothetical question as to why the “green tick approach” is acceptable at the
Blackwater Hotel and not the Blackwater Mine. Mine sites are not hotels, they are
workplaces under the Respondents’ control and in respect of which there are a broad
range of statutory and common law obligations to ensure the health and safety of all
persons who access them. It is neither safe nor reasonable to require that a coal mine
operator use an access system for verifying vaccination status that is designed for
hospitality and retail establishments.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
PR737781
[2022] FWC 81
CORRECTION TO
RECOMMENDATION
FAIR AL OF THE FAIR WORK .C MMISSION THE
AUSTRALIA FairWork Commission
