Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union [2022] FCAFC 138

Federal Court of Australia

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union [2022] FCAFC 138 Appeal from: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Beams Lift Case) [2021] FCA 1414

File number: VID 746 of 2021

Judgment of: LOGAN, RANGIAH AND ANDERSON JJ

Date of judgment: 15 August 2022

Catchwords: APPEAL AND NEW TRIAL – consent orders – effect of agreement by legally represented parties – where parties seek appeal to be allowed in part by consent – where agreement reflects arguable errors by court below – appeal allowed in part and proceeding remitted for rehearing before judge in the original jurisdiction

Legislation: Fair Work Act 2009 (Cth)

Cases cited: Australian Building and Construction Commissioner and Construction, Forestry, Maritime, Mining and Energy Union (The Beams Lift Case) [2021] FCA 1414 Australian Building and Construction Commissioner v Pattinson (2022) 96 ALJR 426; [2022] HCA 13 Pattinson v Australian Building and Construction Commissioner [2020] 384 ALR 75 Telstra Corporation Limited v Minister for Broadband, Communications and the Digital Economy (2008) 166 FCR 64

Division: Fair Work Division

Registry: Victoria

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 6

Date of hearing: 15 August 2022

Counsel for the Appellant: Mr J Bourke QC with Mr A Denton

Solicitor for the Appellant: Australian Building and Construction Commission