Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Glendell Mining Pty Limited [2017] FCAFC 35 Appeal from: CFMEU v Glendell Mining Pty Ltd & Anor [2015] FCCA 3152
File number(s): NSD 43 of 2016
Judge(s): SIOPIS, WHITE AND BROMWICH JJ
Date of judgment: 28 February 2017
Catchwords: INDUSTRIAL LAW – appeal from a decision of the Federal Circuit Court dismissing an application seeking inter alia, declarations that an employer had contravened ss 44 and 50 of the Fair Work Act 2009 (Cth) (FW Act) – employer treated employee as being on annual leave or personal/carer's leave on days that were public holidays – employee was working under an enterprise agreement that provided for an annual leave entitlement and personal/carer's leave entitlement which exceeded those provided for in the National Employment Standards (NES) – whether ss 89 and 98 of the FW Act apply to the whole of an employee's entitlements to annual leave or personal/carer's leave respectively or only to the extent that those entitlements match the NES. Held: appeal dismissed.
Legislation: Acts Interpretation Act 1901 (Cth) s 13(3), 15AB Fair Work Act 2009 (Cth) ss 12, 40A, 43(1), 44, 50, 55, 61(1), 87, 88, 89, 90, 96, 97, 98, 115, 126, 199, 570
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) [2009] HCA 41; (2009) 239 CLR 27 C v Commonwealth of Australia [2015] FCAFC 113; (2015) 234 FCR 81 Centennial Northern Mining Services Pty Ltd v Construction, Forestry, Mining and Energy Union [2015] FCAFC 100; (2015) 231 FCR 298 Construction, Forestry, Mining and Energy Union v Glendell Mining Pty Ltd [2015] FCCA 3152 Director of the Fair Work Building Inspectorate v McCullough [2016] FCA 1291 Evans v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 276; (2003) 135 FCR 306 IMF (Australia) Ltd v Sons of Gwalia Ltd [2005] FCAFC 75; (2005) 143 FCR 274 RACV Road Service Pty Ltd v Australian Municipal, Administrative, Clerical and Services Union [2015] FWCFB 2881 The Ombudsman v Moroney (1983) 1 NSWLR 317 X v Australian Prudential Regulation Authority [2007] HCA 7; (2007) 226 CLR 630
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