Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
James Cook University v National Tertiary Education Union [2014] FCA 1213 Citation: James Cook University v National Tertiary Education Union [2014] FCA 1213
Parties: JAMES COOK UNIVERSITY v NATIONAL TERTIARY EDUCATION UNION
File number: QUD 379 of 2014
Judge: LOGAN J
Date of judgment: 21 October 2014
Catchwords: INDUSTRIAL LAW – principles relating to construction of enterprise bargaining agreements – construction of redundancy clause in James Cook University Enterprise Agreement 2013 – applicant employer sought declaratory relief to vindicate its preferred construction of redundancy clause Held: application dismissed
Legislation: Fair Work Act 2009 (Cth) ss 562, 564 Federal Court of Australia Act 1976 (Cth) ss 21, 22, 23
Cases cited: Amcor Limited v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 considered Termination, Change and Redundancy Case [1984] 8 IR 34 considered Australian Nursing and Midwifery Federation v Eastern Health [2013] FCAFC 137 cited Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Qantas Airways Limited (2001) 106 IR 307 cited Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 applied Edwards v Santos Limited (2011) 242 CLR 421 considered Kucks v CSR Ltd (1996) 66 IR 182 cited
Date of hearing: 20 October 2014
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