Federal Court of Australia
Federal Court of Australia
Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51 Appeal from: Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd (No 2) [2022] FCA 132
File number: QUD 84 of 2022
Judgment of: COLLIER, THOMAS AND RAPER JJ
Date of judgment: 28 March 2023
Catchwords: INDUSTRIAL LAW – section 114 of the Fair Work Act 2009 (Cth) – appeal from a decision of this Court which found that the employer had not contravened s 114 by requiring employees to work on a public holiday – whether "request" within the meaning of subss 114(2) and (3) means a request in its ordinary sense or includes a requirement by an employer to work on a public holiday where no request was made – appeal allowed
Legislation: Fair Work Act 2009 (Cth) ss 44, 55(5), 61(1), 62, 62(1), 65, 66F, 73(2), 76, 114, 114(1), 114(2), 114(3), 114(3)(a), 114(3)(b), 114(4), 115, 116, 124, 125 Workplace Relations Act 1996 (Cth) s 612
Cases cited: Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd (No 2) [2022] FCA 132 Shop, Distributive & Allied Employees Association v Woolworths Ltd [2012] FCA 540
Division: Fair Work Division
Registry: Queensland
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 54
Date of hearing: 24 November 2022
Counsel for the Appellant: Mr Taylor SC with Mr Boncardo
Solicitor for the Appellant: Construction, Forestry, Maritime, Mining and Energy Union
Counsel for the Respondent: Mr Follett with Mr McLean
Solicitor for the Respondent: Herbert Smith Freehills
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