Federal Court of Australia
Federal Court of Australia
Hempel (Wattyl) Australia Pty Ltd v United Workers Union [2024] FCAFC 98 Appeal from: United Workers Union v Hempel (Wattyl) Australia Pty Ltd [2023] SAET 53
File number: SAD 98 of 2023
Judgment of: RANGIAH, SNADEN AND ABRAHAM JJ
Date of judgment: 22 July 2024
Catchwords: INDUSTRIAL LAW – appeal from South Australian Employment Court – where primary judge found that employer contravened s 50 of the Fair Work Act 2009 (Cth) by failing to pay employees their wages and entitlements in accordance with enterprise agreements – where primary judge found that employees were appropriately classified at higher level – whether primary judge erred in holding that the employer wrongly classified and paid employees at lower level – interpretation of classification criteria – whether employees' duties correspond to criteria – appeal allowed
Legislation: Fair Work Act 2009 (Cth) ss 12, 50, 539, 565 and 570 Federal Court of Australia Act 1976 (Cth) s 24 Fair Work Regulations 2009 (Cth) reg 1.05
Cases cited: Allesch v Maunz (2000) 203 CLR 172 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Berri Pty Ltd (2017) 268 IR 285 Bianco Walling Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union (2020) 275 FCR 385 Choppair Helicopters Pty Ltd v Bobridge [2018] FCA 325 Commissioner for Public Service v Dunk (1999) 66 SAIR 401 Construction, Forestry, Mining and Energy Union v Anglo Coal (Callide Management) Pty Ltd [2015] FCA 696 Ghimire v Karriview Management Pty Ltd (No 2) (2019) 290 IR 331 James Cook University v Ridd (2020) 278 FCR 566 Lee v Lee (2019) 266 CLR 129 Logan v Otis Elevator Company Pty Ltd [1997] IRCA 200 Monash Health v Singh (2023) 327 IR 196 Ridd v James Cook University (2021) 274 CLR 514 Ware v O'Donnell Griffin (Television Services) Pty Ltd [1971] AR (NSW) 18 WorkPac Pty Ltd v Skene (2018) 264 FCR 536
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate