Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Harbour City Real Estate Pty Ltd t/as Re/Max Harbour City Real Estate (ACN 111 210 023) v Cargill (No 3) [2009] FCA 669
INDUSTRIAL LAW – appeal from Industrial Magistrates Court – Australian Workplace Agreement (AWA) entered into prior to amendments to Workplace Relations Act 1996 – AWA included an undertaking – application of no-disadvantage test – applicability of State award – construing the undertaking – whether employers' intention in signing the undertaking relevant CONTRACT – headings – whether to be regarded in contractual interpretation – whether negotiations and subjective intention to be considered Held: The appeal be allowed. Workplace Relations Act 1996 (Cth) ss 718, 722, 728, 824(2) Awada v Linknarf Ltd (in liq) (2002) 55 NSWLR 745 BGC Contracting Pty Ltd v The Construction Forestry Mining & Energy Union of Workers (2004) 140 FCR 53 Green v CGU Insurance Ltd (2005) 215 ALR 612 Harbour City Real Estate Pty Ltd t/as Re/Max Harbour City Real Estate (ACN 111 210 023) v Cargill [2008] FCA 1382 Kucks v CSR Ltd (1996) 66 IR 182 Maxwell v Murphy (1957) 96 CLR 261 Sanderson v Fotheringham (1885) 11 VLR 190 Silk Bros Pty Ltd v State Electricity Commission (Vic) (1943) 67 CLR 1 Transport Workers' Union of Australia v Swire Cold Storage Pty Ltd (2008) 174 IR 1 United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board (2006) 152 FCR 18
HARBOUR CITY REAL ESTATE PTY LTD T/AS RE/MAX HARBOUR CITY REAL ESTATE (ACN 111 210 023) and CECILY ROBERTSON v JANE CHRISTINE CARGILL
WAD 125 of 2008
MCKERRACHER J
19 JUNE 2009
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 125 of 2008
ON APPEAL FROM THE INDUSTRIAL MAGISTRATES COURT OF WESTERN AUSTRALIA
BETWEEN: HARBOUR CITY REAL ESTATE PTY LTD T/AS RE/MAX HARBOUR CITY REAL ESTATE (ACN 111 210 023)
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