Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Hay Point Services [2018] FCA 417 File number: QUD 776 of 2016
Judge: COLLIER J
Date of judgment: 28 March 2018
Catchwords: INDUSTRIAL LAW – principles of construction of enterprise agreements – relevance of history of negotiations to the interpretation of an enterprise agreement – permissive and obligatory language – whether provision of enterprise agreement capable of being contravened –whether contravention within meaning of s 50 of the Fair Work Act 2009 (Cth)
Legislation: Fair Work Act 2009 (Cth) ss 50, 62
Cases cited: ACTEW Corporation Ltd v Pangallo [2002] FCAFC 325; (2002) 127 FCR 1 Amcor Limited v Construction Forestry Mining and Energy Union [2005] HCA 10; (2005) 222 CLR 241 Australian Nursing and Midwifery Federation v Bupa Aged Care Australia Pty Ltd [2017] FCA 1246 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v ALS Industrial Australia Pty Ltd [2015] FCAFC 123; (2015) 235 FCR 305 Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2015] FCAFC 149 National Tertiary Education v Latrobe University [2015] FCAFC 142; (2015) 254 IR 238 Transport Workers' Union of Australia v Coles Supermarkets Australia Pty Ltd [2014] FCAFC 148; (2014) 245 IR 449
Date of hearing: 11 April 2017, 12 April 2017 and 29 May 2017
Registry: Queensland
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
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