Boulos v MRVL Investments Pty Ltd (No 2) [2021] FCA 309

Federal Court of Australia

Boulos v MRVL Investments Pty Ltd (No 2) [2021] FCA 309 File number: NSD 2168 of 2019

Judgment of: THAWLEY J

Date of judgment: 30 March 2021

Catchwords: PRACTICE AND PROCEDURE – answers to separate question in class action INDUSTRIAL LAW – whether cl 3 of schedule 7B of the Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (Cth) prevented a post 28 March 2008 variation by way of undertaking under s 346R(2)(b) of the Workplace Relations Act 1996 (Cth) proposed in order to seek to pass the fairness test – it did not INDUSTRIAL LAW – whether notice under s 346P of the Workplace Relations Act 1996 (Cth) could be revoked relying upon s 33(3) of the Acts Interpretation Act 1901 (Cth) – it could not – whether decision under s 346M(2) that a collective agreement did not pass fairness test in s 346M could be rescinded or revoked – it could not

Legislation: Acts Interpretation Act 1901 (Cth) ss 2, 33(1), 33(3) Workplace Relations Act 1996 (Cth) ss 150B, 340, 342, 344, 346E, 346F, 346J, 346M, 346P, 346R, 346S, 346T, 346U, 346W, 346X, 346Y, 346YA, 346ZA, 346ZB, 346ZD, 346ZE, 347, 367 Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (Cth) schs 7A and 7B

Cases cited: Flaherty v Secretary, Department of Health and Ageing (2010) 184 FCR 564 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Jadwan Pty Ltd v Secretary, Department of Health and Aged Care (2003) 145 FCR 1 Minister for Indigenous Affairs v MJD Foundation Ltd (2017) 250 FCR 31 NSW v Kable (2013) 252 CLR 118 Precision Products (NSW) Pty Limited v Hawkesbury City Council (2008) 74 NSWLR 102 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 22) [2019] NSWSC 1657