Federal Court of Australia
Federal Court of Australia
Mid West Port Authority v Construction, Forestry, Maritime, Mining, and Energy Union [2022] FCAFC 53 Appeal from: Construction, Forestry, Maritime, Mining, and Energy Union and Mid West Port Authority [2021] WAIRC 463
File number: WAD 209 of 2021
Judgment of: MORTIMER, BANKS-SMITH AND COLVIN JJ
Date of judgment: 5 April 2022
Catchwords: INDUSTRIAL LAW - appeal from decision of Western Australian Industrial Magistrates Court - where enterprise agreement was approved by the Fair Work Commission - where following approval it was discovered that approximately 40% of employees to be covered by the enterprise agreement were not given an opportunity to vote for the enterprise agreement as part of the pre-approval process - whether magistrate erred in failing to conclude that the question of whether an agreement has been 'made' in accordance with s 182(1) is a jurisdictional fact the existence of which is necessary to enliven the Commission's power to approve an enterprise agreement - appeal dismissed
Legislation: Fair Work Act 2009 (Cth) ss 52, 53, 54, 172, 180, 181, 182, 185, 186, 188, 565, Part 2-4
Cases cited: ALDI Foods Pty Ltd v Shop, Distributive & Allied Employees Association [2017] HCA 53; (2017) 262 CLR 593 Attorney-General of the Commonwealth v Breckler [1999] HCA 28; (1999) 197 CLR 83 Corporation of the City of Enfield v Development Assessment Commission [2000] HCA 5; (2000) 199 CLR 135 Director of Housing v Sudi [2011] VSCA 266; (2011) 33 VR 559 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (No 2) [2016] FCA 607 Gedeon v Commissioner of the New South Wales Crime Commission [2008] HCA 43; (2008) 236 CLR 120 Jacobs v Onesteel Manufacturing Pty Ltd [2006] SASC 32; (2006) 93 SASR 568 National Union of Workers, New South Wales v HP Distribution Pty Ltd [2013] FCA 139; (2013) 210 FCR 250 Tsvetnenko v United States of America [2019] FCAFC 74; (2019) 269 FCR 225
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