Federal Court of Australia
Federal Court of Australia
South Australian Water Corporation v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FCAFC 40 Appeal from: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v South Australian Water Corporation [2023] SAET 20
File number: SAD 44 of 2023
Judgment of: BESANKO, CHARLESWORTH AND JACKSON JJ
Date of judgment: 21 March 2024
Catchwords: INDUSTRIAL LAW — appeal from a decision of the South Australian Employment Tribunal exercising its jurisdiction under the Fair Work Act 2009 (Cth) as the South Australian Employment Court (SAEC) — whether the SAEC erred in finding that cl 1.7 of the SA Water Corporation Enterprise Agreement 2018-2021 as varied by the SA Water Corporation Variation Agreement 2020 [2020] FWCA 3581 was not merely aspirational and created a binding and enforceable obligation — construction of clause in enterprise agreement — appeal allowed
Legislation: Fair Work Act 2009 (Cth) ss 50, 565 Work Health and Safety Act 2012 (SA) ss 14, 19, 37, 38, 47 Work Health and Safety Regulations 2012 (SA) regs 35, 36, 38
Cases cited: Bluescope Steel (AIS) Pty Ltd v Australian Workers' Union [2019] FCAFC 84; (2019) 270 FCR 359 Construction, Forestry, Maritime, Mining and Energy Union v Hay Point Services Pty Ltd [2018] FCAFC 182; (2018) 363 ALR 101 Gramotnev v Queensland University of Technology [2015] QCA 127; (2015) 251 IR 488 King v Melbourne Vicentre Swimming Club Inc [2021] FCAFC 123; (2021) 308 IR 171 National Tertiary Education Union v La Trobe University [2015] FCAFC 142; (2015) 254 IR 238 NTEIU v University of Sydney [2020] FCA 1709 Qube Logistics (Rail) Pty Ltd v Australian Rail, Tram and Bus Industry Union [2021 FCAFC 83; (2021) 308 IR 39 Target Australia Pty Ltd v Shop, Distributive and Allied Employees' Association [2023] FCAFC 66; (2023) 324 IR 304 WorkPac Pty Ltd v Skene [2018] FCAFC 131;(2018) 264 FCR 536
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