On 7 May 2026, the Full Court of the Federal Court of Australia in OS ACPM Pty Ltd v Mining and Energy Union [2026] FCAFC 59 upheld an employer’s appeal concerning the construction of the public holiday and shift length provisions in the Black Coal Mining Industry Award.
The judgment will be a leading authority on the principles applying to the construction of industrial instruments, particularly the correct use of industrial history and surrounding circumstances.
6 St James Hall silk, Ian Neil SC leading Vanja Bulut of 12 Wentworth Selborne Chambers appeared for the appellant.
A link to the judgment can be found here.