Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Anglo American Metallurgical Coal Pty Ltd [2017] FCAFC 123 File number: NSD 352 of 2017
Judges: ALLSOP CJ, NORTH AND O'CALLAGHAN JJ
Date of judgment: 17 August 2017
Catchwords: INDUSTRIAL LAW – 4 yearly review of modern awards – Black Coal Mining Industry Award 2010 –where Fair Work Commission made variation to Award by applying a cap on retrenchment payments – application to quash decision and consequential determination – application dismissed
Legislation: Fair Work Act 2009 (Cth), Pts 2-3, 2-4, ss 132, 134, 136, 138, 139, 141, 156, 157, 169, 601 Federal Court of Australia Act 1976 (Cth), s 23 Judiciary Act 1903 (Cth), s 39B Workplace Relations Act 1996 (Cth), Pt 10A
Cases cited: Centennial Northern Mining Services Pty Ltd v Construction, Forestry, Mining and Energy Union (No 2) [2015] FCA 136; 247 IR 350 National Retail Association v Fair Work Commission [2014] FCAFC 118; 225 FCR 154 Re 4 Yearly Review of Modern Awards – Black Coal Mining Industry Award 2010 [2015] FWCFB 2192; 249 IR 26 Re 4 Yearly Review of Modern Awards – Black Coal Mining Industry Award 2010 [2017] FWCFB 584
Date of hearing: 2 August 2017
Registry: New South Wales
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