MI & E Holdings Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2015] FCAFC 15

FEDERAL COURT OF AUSTRALIA

MI&E Holdings Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2015] FCAFC 15 Citation: MI&E Holdings Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2015] FCAFC 15

Appeal from: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and others v MI&E Holdings Pty Ltd [2013] FWCFB 2142

Parties: MI&E HOLDINGS PTY LTD v COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION KNOWN AS THE AUSTRALIAN MANUFACTURING WORKERS' UNION and FAIR WORK COMMISSION

File number: WAD 199 of 2013

Judges: BESANKO, BUCHANAN AND BARKER JJ

Date of judgment: 24 February 2015

Catchwords: INDUSTRIAL LAW – application for judicial review of a decision of the Full Bench of the Fair Work Commission ("FWC") – where the Full Bench set aside a decision of a Deputy President approving an enterprise agreement – whether the group of employees covered by the agreement was fairly chosen under s 186 of the Fair Work Act 2009 (Cth) – whether the agreement was validly made – whether enterprise agreement expressed to cover employees covered by an existing greenfields agreement – whether existing greenfields agreement ceased to apply