Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Blue Star Pacific Pty Ltd v Communications Electrical Electronic Energy Information Postal Plumbing & Allied Services Union of Australia [2009] FCAFC 187 INDUSTRIAL LAW – agreement – employee collective agreement – approval – whether employer has given employees a reasonable opportunity to decide whether they want to approve the agreement – nature of a reasonable opportunity – employees employed in employer's commercial construction division and employer's client services division – those in commercial construction division on various sites in south-east Queensland – whether failure of employer to conduct a meeting of employees negated reasonable opportunity – whether misstatement of period of agreement in heading on ballot paper negated reasonable opportunity
Corporations Act 2001 (Cth), ss 411 Fair Work Act 2009 (Cth), ss 570 Fair Work (Registered Organisations) Act 2009 (Cth) Workplace Relations Act 1996 (Cth), ss 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 337, 338, 340, 340(2)(a), 340(2)(b), 341, 342, 346D(2), 346M, 347, 351, 407, 409, 719, 727, 824 Workplace Relations Regulations 2006 (Cth), r 8.13
Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia v Blue Star Pacific Pty Ltd [2009] FCA 750 cited John Holland Pty Ltd v The Maritime Union of Australia [2009] FCA 437 cited Ricegrowers Co-operative Mills Ltd v Bannerman (1981) 56 FLR 443 cited Shop Distributive and Allied Employees' Association v Karellas Investments Pty Ltd (No 2) [2007] FCA 1425 (2007) 166 IR 51 cited Shop Distributive and Allied Employees' Association v Karellas Investments Pty Ltd [2008] FCAFC 42 (2008) 166 FCR 562 cited TWU v DHL Exel Supply Chain (Australia) Pty Ltd [2008] FMCA 604 (2008) 174 IR 44 cited
BLUE STAR PACIFIC PTY LTD ACN 107 581 654 v COMMUNICATIONS ELECTRICAL ELECTRONIC ENERGY INFORMATION POSTAL PLUMBING & ALLIED SERVICES UNION OF AUSTRALIA
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