Construction, Forestry, Maritime, Mining and Energy Union v Hay Point Services Pty Ltd [2018] FCAFC 182

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Maritime, Mining and Energy Union v Hay Point Services Pty Ltd [2018] FCAFC 182 Appeal from: Construction, Forestry, Mining and Energy Union v Hay Point Services [2018] FCA 417

File number: QUD 232 of 2018

Judges: REEVES, BROMBERG AND O'CALLAGHAN JJ

Date of judgment: 23 October 2018

Catchwords: INDUSTRIAL LAW – whether provision of enterprise agreement providing that an employer may require an employee to work reasonable overtime is capable of being contravened by the employer for the purpose of s 50 of the Fair Work Act 2009 (Cth) – principles of construction of an enterprise agreement

Legislation: Fair Work Act 2009 (Cth), ss 50, 61, 62

Cases cited: Amcor Limited v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 WorkPac Pty Ltd v Skene [2018] FCAFC 131

Date of hearing: 16 August 2018

Registry: Queensland

Division: Fair Work Division

National Practice Area: Employment & Industrial Relations

Category: Catchwords

Number of paragraphs: 24

Counsel for the Appellant: Mr C Dowling SC with Mr C Massy

Solicitor for the Appellant: Hall Payne Lawyers

Counsel for the Respondent: Mr I Neil SC with Ms H Blattman

Solicitor for the Respondent: Herbert Smith Freehills

ORDERS QUD 232 of 2018

BETWEEN: CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION Appellant

AND: HAY POINT SERVICES PTY LTD Respondent

JUDGES: REEVES, BROMBERG AND O'CALLAGHAN JJ DATE OF ORDER: 23 October 2018

THE COURT ORDERS THAT:

1. The appeal is allowed. 2. The order of the primary judge dismissing the application is set aside. 3. The proceeding be remitted for further determination by the primary judge in accordance with the Full Court's reasons. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.