Federal Court of Australia
Federal Court of Australia
Qube Logistics (Rail) Pty Ltd v Australian Rail, Tram and Bus Industry Union [2021] FCAFC 83 Appeal from: Australian Rail, Tram and Bus Industry Union v Qube Logistics (Rail) Pty Ltd [2020] FCA 1520
File number: NSD 1249 of 2020
Judgment of: BROMBERG, KATZMANN AND O'CALLAGHAN JJ
Date of judgment: 28 May 2021
Catchwords: INDUSTRIAL LAW — interpretation of enterprise agreement providing for wage increases after nominal expiry date — where primary judge had held that employer contravened the Fair Work Act 2009 (Cth) for failing to pay wage increases after nominal expiry date and before new agreement came into effect — where the condition for those increases was "the absence of re-negotiation", whether properly construed the phrase referred to the absence of a re-negotiated agreement, as the primary judge determined or the failure to begin the process of re-negotiation, as the employer contended — where the increases for which the agreement provided after the nominal expiry date were expressed as "the agreed increase of pay for each anniversary such date thereafter", whether the date in question was the nominal expiry date of the agreement, as the employer contended, or the date of the last increase of pay detailed in the remuneration clause, as the primary judge found — where delay in complaining about contravention, whether primary judge erred in awarding interest on unpaid amounts
Legislation: Fair Work Act 2009 (Cth) ss 50, 183, 201, 547, 570 Federal Court of Australia Act 1976 (Cth) s 51A
Cases cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 Andjelic v Marsland (1996) 186 CLR 20 Batchelor v Burke (1981) 148 CLR 448 City of Wanneroo v Holmes (1989) 30 IR 362 Harbutt's "Plasticine" Ltd v Wayne Tank and Pump Co. Ltd [1970] 1 QB 447 House v The King (1936) 55 CLR 499 Management 3 Group Pty Ltd (in liq) v Lenny's Commercial Kitchens Pty Ltd (No 2) (2012) 203 FCR 283 MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657 Workpac Pty Ltd v Skene (2018) 264 FCR 536
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