Construction, Forestry, Mining and Energy Union v John Holland Pty Ltd [2010] FCAFC 90

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v John Holland Pty Ltd [2010] FCAFC 90 Citation: Construction, Forestry, Mining and Energy Union v John Holland Pty Ltd [2010] FCAFC 90

Appeal from: John Holland Pty Ltd (ACN 004 282 268) v Construction, Forestry, Mining and Energy Union [2009] FCA 786 John Holland Pty Ltd (ACN 004 282 268) v Construction, Forestry, Mining and Energy Union (No. 2) [2009] FCA 865

Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA and AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION v JOHN HOLLAND PTY LTD ACN 004 282 268, AUSTRALIAN WORKERS UNION and AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER (Intervener)

File number: QUD 223 of 2009

Judges: SPENDER, DOWSETT AND LOGAN JJ

Date of judgment: 16 July 2010

Corrigendum: 27 July 2010

Catchwords: CONTRACTS – principles of construction – industrial agreements – relevance of objective background facts – relevance of subsequent conduct INDUSTRIAL LAW – construction of greenfield workplace agreement – construction of ss 760, 767 and 768 of the Workplace Relations Act 1996 (Cth) – nature of right of entry – purpose of entry – relevance of state of mind to purpose

Legislation: Workplace Relations Act 1996 (Cth) ss 423, 719, 760, 767, 768, 841 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Building and Construction Industry Improvement Act 2005 (Cth) s 71 Evidence Act 1995 (Cth) s 140 Industrial Relations Act 1988 (Cth) s 178