Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry and Maritime Employees Union v Sydney International Container Terminals Pty Ltd [2024] FCA 490 File number: QUD 213 of 2022
Judgment of: RANGIAH J
Date of judgment: 15 May 2024
Catchwords: INDUSTRIAL LAW – whether employers contravened ss 50 and 323 of the Fair Work Act 2009 (Cth) – interpretation of enterprise agreement – where employers refused to pay employees for the periods they were engaged in protected industrial action – whether enterprise agreement abrogated common law principle that payment of wages is conditional upon performance of work or readiness or willingness to perform work – employers were required by s 470(1) and authorised by s 471(4) of the Fair Work Act 2009 (Cth) to refuse to make payments in relation to the period of industrial action – application dismissed
Legislation: Fair Work Act 2009 (Cth) ss 50, 323, 323(1), 324, 324(1)(d), 414(2), 470, 470(1), 471, 471(4) and Subdivision A of Div 9 of Pt 3–3 Fair Work Regulations 2009 (Cth) reg 3.23(2)
Cases cited: Coal & Allied Mining Services Pty Limited v MacPherson (2010) 185 FCR 383 Construction Forestry Mining and Energy Union v Mammoet Australia Pty Ltd (2013) 248 CLR 619 Csomore v Public Service Board (NSW) (1986) 10 NSWLR 587 Miles v Wakefield Metropolitan District Council [1987] AC 539 WorkPac Pty Ltd v Skene (2018) 264 FCR 536
Division: Fair Work Division
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