Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hail Creek Coal Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2018] FCAFC 186 Appeal from: Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2018] FCA 125
File numbers: QUD 221 of 2018
Judges: REEVES, BROMBERG AND O'CALLAGHAN JJ
Date of judgment: 2 November 2018
Catchwords: INDUSTRIAL LAW – where appellant employer appeals primary judge's construction of the enterprise agreement – whether reduction to employees' rostered hours of work results in a correlative reduction of their roster allowance under the enterprise agreement – consideration of principles applicable to the interpretation of enterprise agreements – application of principles – appeal dismissed
Legislation: Fair Work Act 2009 (Cth)
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: 17 August 2018
Registry: Queensland
Division: Fair Work
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 88
Counsel for the Appellant: IM Neil SC and J Alderson
Solicitor for the Appellant: Ashurst Australia
Counsel for the Respondent: CW Dowling SC and CA Massy
Solicitor for the Respondent: Hall Payne Lawyers
ORDERS QUD 221 of 2018
BETWEEN: HAIL CREEK COAL PTY LTD Appellant
AND: CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION Respondent
JUDGES: REEVES, BROMBERG AND O'CALLAGHAN JJ DATE OF ORDER: 2 November 2018
THE COURT ORDERS THAT:
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