Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Endeavour Coal Pty Limited v Association of Professional Engineers, Scientists and Managers, Australia [2012] FCA 764 Citation: Endeavour Coal Pty Limited v Association of Professional Engineers, Scientists and Managers, Australia [2012] FCA 764
Parties: ENDEAVOUR COAL PTY LIMITED v ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS, AUSTRALIA and FAIR WORK AUSTRALIA
File number: NSD 504 of 2012
Judge: FLICK J
Date of judgment: 19 July 2012
Catchwords: ADMINISTRATIVE LAW – reasons for decision – approach to reasons upon review – whether beneficial reading to be given in all cases – relevance of legal or judicial qualifications of decision-maker INDUSTRIAL LAW – enterprise agreements – bargaining orders – non-compliance with good faith bargaining requirements – majority support determination in place – whether bargaining representative required to bargain with a view to reaching agreement if possible – bargaining representatives required to engage in "give and take" – no misconstruction of s 228 INDUSTRIAL LAW – enterprise agreements – bargaining orders – power of Fair Work Australia to specify certain things in bargaining orders – whether power confined to ensuring compliance with good faith bargaining requirements – no power to require concessions or agreement on terms
Legislation: Fair Work Act 2009 (Cth) ss 3, 134, 171, 228, 229, 230, 231, 232, 237, 443, 604 Industrial Relations Act 1988 (Cth) s 171QK Workplace Relations Act 1996 (Cth)
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