Independent Education Union of Australia v Corporation of the Roman Catholic Diocese of Toowoomba [2023] FCA 64

Federal Court of Australia

Independent Education Union of Australia v Corporation of the Roman Catholic Diocese of Toowoomba [2023] FCA 64 File number: QUD 373 of 2020

Judgment of: THOMAS J

Date of judgment: 7 February 2023

Catchwords: INDUSTRIAL LAW – whether contravention of section 50 of the Fair Work Act 2009 (Cth) – whether an industrial agreement applies to ex-employees – whether wage adjustments adjustable by reference to dates after termination of the previous agreement and before the date of the operation of the agreement apply to people employed at the dates by reference to which the wage adjustments were prescribed but not employed as at the operative dates of the agreement – intention of the enterprise agreement ambiguous – reference to industrial and statutory context – application dismissed

Legislation: Fair Work Act 2009 (Cth) Fair Work (Registered Organisations) Act 2009 (Cth)

Cases cited: ALDI Foods Pty Limited v Shop, Distributive and Allied Employees Association (2017) 262 CLR 593; [2017] HCA 53 Amcor Limited v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241; [2005] HCA 10 Bianco Walling Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union (2020) 275 FCR 385; [2020] FCAFC 50 Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (MV Portland Case) (No 2) [2020] FCA 1138 Ms Manchula Vendrig v Ausgrid Pty Ltd [2021] FWCFB 370 Pooley v Commissioner of Police [2009] WASCA 67 Robert Battye v John Holland Pty Ltd (JHPL) t/as Territoria Civil [2019] FWCFB 8678 The Australian Workers' Union v TAD Pty Ltd T/A Tad Industrial [2016] FWC 1794 Toyota Motor Corporation Australia Ltd v Marmara (2014) 222 FCR 152; [2014] FCAFC 84