Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Hitachi Construction Machinery (Australia) Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation [2024] FCAFC 166 Appeal from: Coal Mining Industry (Long Service Leave Funding) Corporation v Hitachi Construction Machinery (Australia) Pty Ltd [2023] FCA 68 Coal Mining Industry (Long Service Leave Funding) Corporation v Hitachi Construction Machinery (Australia) Pty Ltd (Penalty) [2023] FCA 1187
File number:
Judgment of: RANGIAH, CHARLESWORTH AND DOWLING JJ
Date of judgment: 16 December 2024
Catchwords: INDUSTRIAL LAW – whether the employees were an "eligible employee" within the meaning of the Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) – whether Court in assessing "eligible employee" should confine its inquiries to the totality of the contractual rights of the employees – whether the duties of the employees were "directly connected with the day to day operation of a black coal mine" – whether any recovery of outstanding levies are subject to the prescribed limitation period under s 14(1)(d) of the Limitation Act 1969 (NSW) – operation of ss 64 and 79 of the Judiciary Act (Cth) – appeal dismissed
Acts Interpretation Act 1901 (Cth) s 15AA Coal Mining Industry (Long Service Leave Funding) Amendment Act 2009 (Cth) Coal Mining Industry (Long Service Leave) Administration Act 1992 (Cth) ss 4, 39A, 39AA, 39AC, 39B, 39CA, 39CB, 39CC, 39E, 39EA, 39EB, 39DA, 39DB, 40, 44, 49A Coal Mining Industry (Long Service Leave) Legislation Amendment Act 2011 (Cth) Coal Mining Industry (Long Service Leave) Payroll Levy Act 1992 (Cth) ss 4, 5 Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992 (Cth) ss 4, 5, 6, 7, 9, 10, 11, 13A Legislation: Fair Work Act 2009 (Cth) s 113 Judiciary Act 1903 (Cth) ss 39, 64, 78B, 79 Regulatory Powers (Standard Provisions) Act 2014 (Cth) s 82 Explanatory Memorandum, Coal Mining Industry (Long Service Leave Funding) Bill 1992 (Cth) Black Coal Mining Industry Award 2010 Limitation Act 1969 (NSW) ss 2, 10, 11, 14, 18 Gordon J, "The Commonwealth's taxing power and its limits – Are we there yet?" (2013) 36(3) Melbourne University Law Review 1037
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