Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction Forestry Mining and Energy Union v Jeld-Wen Glass Australia Pty Ltd [2012] FCA 45 Citation: Construction Forestry Mining and Energy Union v Jeld-Wen Glass Australia Pty Ltd [2012] FCA 45
Parties: CONSTRUCTION FORESTRY MINING AND ENERGY UNION v JELD-WEN GLASS AUSTRALIA PTY LTD (ACN 116 051 391)
File number: VID 565 of 2010
Judge: GRAY J
Date of judgment: 6 February 2012
Catchwords: INDUSTRIAL LAW – National Employment Standards – prohibition on cashing out paid personal/carer's leave otherwise than in accordance with provisions of modern award or enterprise agreement meeting specified standards – continued operation of statutory individual agreement – provision for payment of additional sum each week – entitlement to sick leave but no entitlement to be paid for any such leave actually taken – whether individual agreement provided for cashing out of paid personal/carer's leave – whether contravention of specified standards – whether contravention of individual agreement – whether declaration should be made – employer abandoned position and indicated intention to comply with standards
Words & phrases: "cashed out" – "cashing out"
Legislation: Fair Work Act 2009 (Cth) ss 61(1), 96(1), 97(a), 99, 100, 101, 101(2), 101(2)(a), 101(2)(b), 539, 539(2), 545, 546(1), 546(2), 546(3)(b), 570(1), 570(2), 570(2)(a) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) item 2 Sch 2, item 2 Sch 3, item 2(2) Sch 16, item 16(1) Sch 16 Workplace Relations Act 1996 (Vic) s 170VF, Pt 3 Sch 7
Date of hearing: 30 May 2011
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