CFMEU v Henry Walker Eltin Contracting Pty Ltd [2001] FCA 1009

FEDERAL COURT OF AUSTRALIA

CFMEU v Henry Walker Eltin Contracting Pty Ltd [2001] FCA 1009 INDUSTRIAL LAW – whether respondent bound by certified agreement – whether respondent a successor, transmittee or assignee of the business or any part of the business within the meaning of par 170MB(2)(c) of the Workplace Relations Act 1996 (Cth) – whether agreement allowed for a change in salary when there was a change in the roster worked Workplace Relations Act 1996 (Cth) ss 170LB, 170LI, 170LT, 170M, 170MB, 178, 179 Coal and Oil Shale Mine Workers' Superannuation Act 1989 (Qld) PP Consultants Pty Ltd v Finance Sector Union of Australia [2000] HCA 59; 176 ALR 205, applied Stellar Call Centres Pty Ltd v CEPU [2001] FCA 106; 103 IR 220, considered Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337, followed CONSTRUCTION FORESTRY MINING & ENERGY UNION v HENRY WALKER ELTIN CONTRACTING PTY LTD Q 102 of 2001 BRANSON J SYDNEY (via video link) (Heard in BRISBANE) 2 AUGUST 2001

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 102 of 2001

BETWEEN: CONSTRUCTION FORESTRY MINING & ENERGY UNION

APPLICANT

AND: HENRY WALKER ELTIN CONTRACTING PTY LIMITED

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 2 AUGUST 2001

WHERE MADE: SYDNEY (via video link) (Heard in BRISBANE)

THE COURT ORDERS THAT: 1. It be declared that the respondent is bound by The Ebenezer Mining Company Pty Ltd Certified Agreement 1997 ("the Agreement"). 2. It be declared that the salary payable to employees whose employment is subject to the Agreement is the salary prescribed by subclause 4.1 of the Agreement. 3. The applicant have liberty, exercisable within thirty days of the date hereof, to apply to the Court for the making of further orders on five days' written notice to the respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.