All Trades Queensland Pty Limited v Construction, Forestry, Mining and Energy Union [2017] FCAFC 189

FEDERAL COURT OF AUSTRALIA

All Trades Queensland Pty Limited v Construction, Forestry, Mining and Energy Union [2017] FCAFC 189 Review of: All Trades Queensland Pty Limited [2016] FWC 2832 All Trades Queensland Pty Limited v Construction, Forestry, Mining and Energy Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union and Australian Manufacturing Workers' Union [2017] FWCFB 132

File number: QUD 92 of 2017

Judges: FLICK, BARKER AND RANGIAH JJ

Date of judgment: 27 November 2017

Catchwords: INDUSTRIAL LAW – application for review of decision of Full Bench of Fair Work Commission – where Full Bench dismissed appeal from decision of Commissioner – where applicants sought approval of enterprise agreement – whether agreement passed "better off overall test" under s 193 of the Fair Work Act 2009 (Cth) – relevant comparator instruments to be used – operation of Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) – whether employees simultaneously covered by modern award and award-based transitional instrument – distinction between "application" and "coverage" of modern award to an employee – whether transitional instruments terminated by operation of sunsetting provisions

Legislation: Evidence Act 1995 (Cth) s 191 Fair Work Act 2009 (Cth) ss 47, 48, 48(1), 57, 193, 193(1), 193(4), 193(5), 206 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Sch 2, item 4(1)(b), Sch 3, items 20, 20(1), 20(1)(b), 29, 29(1), Sch 5, items 16, 16(3), 16(5), Sch 7, Pt 4, Sch 8, items 18, 18(2)(a), 18(2)(b) Workplace Relations Act 1996 (Cth) (repealed) Fair Work Legislation Amendment Regulations 2009 (No. 3) (Cth) Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009 (Cth) reg 3B.02 Explanatory Memorandum, Fair Work (Transitional Provisions and Consequential Amendments) Bill 2009