Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cargill v Harbour City Real Estate Pty Ltd t/as Re/Max Harbour City Real Estate [2010] FCAFC 7 Citation: Cargill v Harbour City Real Estate Pty Ltd t/as Re/Max Harbour City Real Estate [2010] FCAFC 7
Appeal from: Harbour City Real Estate Pty Ltd t/as Re/Max Harbour City Real Estate (ACN 111 210 023) v Cargill (No 3) [2009] FCA 669
Parties: JANE CHRISTINE CARGILL v HARBOUR CITY REAL ESTATE PTY LTD T/AS RE/MAX HARBOUR CITY REAL ESTATE and CECILY ROBERTSON
File number(s): WAD 115 of 2009
Judges: NORTH, SIOPIS AND BUCHANAN JJ
Date of judgment: 15 February 2010
Catchwords: INDUSTRIAL LAW - Australian Workplace Agreement (AWA) entered into prior to amendments to Workplace Relations Act 1996 (Cth) – AWA included an undertaking – application of no-disadvantage test – applicability of State Award – construing the undertaking CONTRACT – construction – whether surrounding circumstances to be considered
Legislation: Workplace Relations Act 1996 (Cth) ss 170VPB(2), 170VPJ, 170X, 170XA, 170XE, 719(1), 719(5), 728
Cases cited: Chartbrook Ltd v Persimmon Homes Ltd [2009] 1 AC 1101 Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407 Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896 Maggbury Pty Limited v Hafele Australia Pty Limited (2002) 210 CLR 181
Date of hearing: 24 November 2009
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 116
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