Murtagh v Corporation of the Roman Catholic Diocese of Toowoomba [2023] FCAFC 172

Murtagh v Corporation of the Roman Catholic Diocese of Toowoomba [2023] FCAFC 172

Employers were obliged to pay back pay to 'applicable employees' (including those who ceased employment before the agreements came into operation) for work performed during the specified period once the enterprise agreements became operative, as this construction was consistent with the FWA and the terms of the relevant agreements.

Jurisdiction
Australia
Judgment Date
30 October 2023
Procedural Posture
Appeal / Post Judgment (appeal of Orders Dismissing Original Application)
Outcome
Appeal allowed
Legal Topics
['enterprise Agreements' 'entitlements to Back Pay' 'fair Work Act' 'superannuation Contributions' 'interpretation of Industrial Instruments']
['industrial Law' 'employment Law'] ['enterprise Agreements' 'entitlements to Back Pay' 'fair Work Act' 'superannuation Contributions' 'interpretation of Industrial Instruments']

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Procedural Posture

Appeal / Post Judgment (appeal of Orders Dismissing Original Application)

Legal Issues

  1. 1 ['Whether employees who resigned before an enterprise agreement came into operation are entitled to back pay and superannuation for work performed during the relevant period, under the Fair Work Act 2009 (Cth) and the applicable enterprise agreements.' "The proper construction of commencement clauses in relation to backdating benefits for 'applicable employees'." "The interaction between the concepts of 'coverage' and 'application' of enterprise agreements under ss 51–54, 58 of the Fair Work Act."]

Ratio Decidendi

Employers were obliged to pay back pay to 'applicable employees' (including those who ceased employment before the agreements came into operation) for work performed during the specified period once the enterprise agreements became operative, as this construction was consistent with the FWA and the terms of the relevant agreements.

Court Disposition

Appeal allowed

Orders

  • ['The appeal be allowed.' "The order made in the Court's original jurisdiction on 7 February 2023 be set aside." 'It be declared that: (a) the first appellant is entitled to $1,746.95 in arrears; (b) the second appellant is entitled to $424.24 in arrears.' "The proceedings be remitted to the Court's original...