Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Maritime, Mining and Energy Union v One Key Workforce Pty Ltd [2019] FCA 153 File number: NSD 2058 of 2016
Judge: FLICK J
Date of judgment: 20 February 2019
Catchwords: PRACTICE AND PROCEDURE – where declaration made that enterprise agreement is void and of no effect – where monies ordered to be held on trust pending outcome of appeal – where orders provided that monies to be distributed to Union members with an interest in the trust monies if the appeal were dismissed or discontinued – where appeal to Full Court dismissed – where distribution of trust monies remitted to the primary Judge – whether trust monies should be distributed to Union members only – whether trust monies should be distributed to the Respondent to be dealt with in liquidation – whether trust monies should be distributed to all employees
Legislation: Corporations Act 2001 (Cth) s 596AB Fair Work Act 2009 (Cth)
Cases cited: Construction, Forestry, Mining and Energy Union v One Key Workforce Pty Ltd [2017] FCA 1266, (2017) 270 IR 410 One Key Workforce Pty Ltd v Construction, Forestry, Mining and Energy Union [2018] FCAFC 77, (2018) 277 IR 23
Date of hearing: 28 December 2018
Registry: New South Wales
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 17
Counsel for the Applicant: Ms C Howell
Solicitor for the Applicant: Slater & Gordon Lawyers
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