Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Leo & Green Pty Ltd v CFMEU [2000] FCA 830
INDUSTRIAL LAW – where entitlement to severance and retrenchment pay arose under clause 26 of the Coal Mining Industry (Production and Engineering) Interim Consent Award 1990 – whether retrenchment occurs upon receipt of notice or on expiry of four-week period for which notice provides – consideration of relevance of history of an award clause to proper construction of it. Coal Mining Industry (Production and Engineering) Interim Consent Award 1990 cl 26 Coal Industry Act 1946 Workplace Relations Act 1996 s 178, s 422 Industrial Relations Amendment Act 1995 Byrne v Australian Airlines (1995) 185 CLR 410 cited Glacier Metal Co Ltd v Dyer [1974] 3 All ER 21 discussed Birrell v Australian National Airlines Commission (1984) 5 FCR 447 cited Short v F.W. Hercus Pty Ltd (1993) 40 FCR 511 cited Australian Colliery Staff Association v Queensland Mines Rescue Service (1999) FCA 395 cited Chantler v Local Government Superannuation Board (1985) 9 IR 284 cited Lawrence v Clutha Development Proprietary Ltd (unreported, Keely J, 10 May 1985) - approved LEO & GREEN PTY LTD v CONSTRUCTION FORESTRY MINING AND ENERGY UNION Q 31 OF 1999 SPENDER J 20 JUNE 2000 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 31 OF 1999
BETWEEN: LEO & GREEN PTY LTD
APPLICANT
AND: CONSTRUCTION FORESTRY MINING AND ENERGY UNION
RESPONDENT
JUDGE: SPENDER J
DATE OF ORDER: 20 JUNE 2000
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The orders of Industrial Magistrate MacCallum SM of 1 February 1999 concerning Christopher John Birchley be set aside.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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