Australian Workers’ Union v John Holland Pty Ltd [2010] FCA 1432

FEDERAL COURT OF AUSTRALIA

Australian Workers' Union v John Holland Pty Ltd [2010] FCA 1432 Citation: Australian Workers' Union v John Holland Pty Ltd [2010] FCA 1432

Parties: THE AUSTRALIAN WORKERS' UNION v JOHN HOLLAND PTY LTD (ABN 11 004 282 268)

File number: QUD 311 of 2010

Judge: COLLIER J

Date of judgment: 20 December 2010

Catchwords: INDUSTRIAL LAW – application by union seeking certain declarations in relation to terms of a workplace agreement with respondent company – whether employees are "Shift Workers" for the purposes of the Agreement for entire duration of specified roster cycle – principles relevant to the correct construction of a clause in a certified agreement – whether employees can rotate between categories of "Day Worker" and "Shift Worker" under the Agreement – whether the Agreement recognises more than two classes of employee – correct interpretation of "engaged on" for the purposes of the Agreement – whether the Court has jurisdiction to make orders in these proceedings

Legislation: Fair Work Act 2009 (Cth) ss 562, 563, 564 Fair Work (Registered Organisations) Act 2009 (Cth) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Item 2(2) of Sch 16, Items 21, 22, 23 of Sch 17 Federal Court of Australia Act 1976 (Cth) s 21 Judiciary Act 1903 (Cth) s 39B(1A) Workplace Relations Act 1996 (Cth)

Cases cited: Australian Workers' Union of Employees, Queensland v Etheridge Shire Council (2009) 178 FCR 252 cited Benninga (Mitcham), Limited v. Bijstra (1946) 1 KB 58 cited Construction, Forestry, Mining and Energy Union v Ulan Coal Mines Ltd [2009] FCA 326 cited R v Commonwealth Court of Conciliation and Arbitration; Ex Parte Barrett (1945) 70 CLR 141 cited