Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CJ Manfield Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2012] FCA 253 Citation: CJ Manfield Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2012] FCA 253
Appeal from: CEPU of Australia v CJ Manfield Pty Ltd [2011] FMCA 374
Parties: CJ MANFIELD PTY LTD (ACN 009 601 825) v COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA
File number: NTD 47 of 2011
Judge: MARSHALL J
Date of judgment: 20 March 2012
Catchwords: INDUSTRIAL LAW – employment contract – interpretation – whether contract provided for an "all-in" rate of pay – whether contract excluded an entitlement in the applicable industrial award to payout of accrued annual leave upon termination of employment – appeal dismissed
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) Workplace Relations Act 1996 (Cth) Electrical Engineering and Contracting Industries (Northern Territory) Award 2002 cl 33
Date of hearing: 29 February 2012
Place: Brisbane (heard in Melbourne)
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 16
Counsel for the Appellant: Mr S Wood SC with Mr M Follett
Solicitor for the Appellant: Ward Keller Lawyers
Counsel for the Respondent: Mr W Friend SC with Mr C Dowling
Solicitor for the Respondent: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
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