Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Thiess Pty Ltd [2017] FCAFC 179 File number(s): NSD 840 of 2017
Judge(s): GILMOUR, BROMBERG AND O'CALLAGHAN JJ
Date of judgment: 9 November 2017
Catchwords: INDUSTRIAL LAW – enterprise agreements – review of approval of enterprise agreement by the Fair Work Commission (FWC) – consideration of meaning of "single enterprise" in s 168A(3)(a) of the Fair Work Act 2009 (Cth) – where the Full Bench failed to consider grounds before the FWC's (that the relevant employees were not fairly chosen and that the Enterprise Agreement had not been genuinely agreed to) before quashing the FWC's decision
Legislation: Fair Work Act 2009 (Cth) ss s 168A(3)(a), 185, 186, 186(2)(a), 186(3), 188(c), 400(1), 562, 563, 607(3)(a) Federal Court Act 1976 (Cth) ss 21, 22, 23 Judiciary Act 1903 (Cth) s 39B
Cases cited: Construction, Forestry, Mining and Energy Union v One Key Workforce Pty Ltd [2017] FCA 1266 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088; 197 ALR 389 Kuru v New South Wales (2008) 236 CLR 1 Thiess Pty Ltd v Construction, Forestry, Mining and Energy Union [2017] FWCFB 2459
Date of hearing: 9 November 2017
Registry: New South Wales
Division: General Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 37
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate