All Trades Queensland Pty Limited v Construction, Forestry, Mining and Energy Union (No 2)
Citation: [2018] FCAFC 23
What happened
All Trades Queensland Pty Limited, Queensland Master Builders Association, and Housing Industry Association filed an application seeking to quash decisions of the Fair Work Commission. The Commission had determined whether the All Trades Queensland Pty Ltd Apprentice/Trainee Enterprise Agreement 2015 passed the 'better off overall test' under section 193 of the Fair Work Act 2009 (Cth). The application required interpretation of provisions of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and related regulations.
What was decided
The Full Court of the Federal Court dismissed the applicants' application. The court found that the applicants' construction of the relevant legislative provisions was incorrect, though the case involved complex legislation and the respondents' submissions were fairly arguable. The court found the proceedings were not instituted vexatiously or without reasonable cause. There was no order as to costs.
What it means for employers
Enterprise agreement challenges involving complex transitional legislative provisions require careful legal analysis. Where such proceedings involve genuine legal questions, even unsuccessful applications may not be visited with costs orders.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2018/2018fcafc0023Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections