Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shop Distributive & Allied Employees' Association v Karellas Investments Pty Ltd [2008] FCAFC 42
INDUSTRIAL LAW – appeal from decision of a single judge – whether the trial judge erred in holding the requirements of s 412(2) of the Workplace Relations Act 1996 (Cth) had not been satisfied – whether an order making a workplace agreement void has the effect of rendering the superseded pre-reform certified agreement operative – whether an employee collective agreement could be made if the employees had not been given a 'reasonable opportunity' to approve the employee collective agreement under s 340(2) of the Workplace Relations Act 1996 (Cth) – cross-appeal – whether the trial judge erred in determining the making of false and misleading statements had deprived the employees of a 'reasonable opportunity' to decide whether to approve the workplace agreement – whether the trial judge had applied the incorrect tests in determining whether there had been contraventions of ss 340 and 341 of the Workplace Relations Act 1996 (Cth) WORDS AND PHRASES – 'reasonable opportunity' Workplace Relations Act 1996 (Cth) ss 327, 333(b) 340, 341, 347, 401 Workplace Relations Regulations 2006 (Cth) Gould v Vaggelas (1985) 157 CLR 216 referred to Como Investments Pty Ltd (in Liquidation) v Yenald Nominees Pty Ltd (1997) ATPR 41-550 referred to Demogogue Pty Ltd v Ramensky Pty Ltd (1992) 39 FCR 31 referred to Warramunda Village Inc v Pryde (2002) 116 FCR 58 referred to SHOP DISTRIBUTIVE & ALLIED EMPLOYEES' ASSOCIATION v KARELLAS INVESTMENTS PTY LTD (ACN 008 547 911) NSD 1976 OF 2007
MOORE, MARSHALL & TRACEY JJ
4 APRIL 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1976 OF 2007
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: SHOP DISTRIBUTIVE & ALLIED EMPLOYEES' ASSOCIATION
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