Construction, Forestry, Maritime, Mining and Energy Union v Abseal Pty Ltd [2021] FCA 1513

Construction, Forestry, Maritime, Mining and Energy Union v Abseal Pty Ltd [2021] FCA 1513

The respondents are in default of binding settlement obligations to pay amounts to three named individuals. The court has jurisdiction to grant final relief enforcing settlement terms, including ordering payment and interest, since no permissible excuse for non-payment was established and enforcement is part of the current matter.

Parties
Applicant: Construction, Forestry, Maritime, Mining and Energy Union; First Respondent: Abseal Pty Ltd; Second Respondent: Michael Kostal
Jurisdiction
Australia
Judgment Date
02 December 2021
Procedural Posture
Interlocutory Application in Civil Proceeding / Judgment on Application to Enforce Settlement Agreement
Outcome
Judgment for the applicant; orders for payment and interest granted.
Legal Topics
Enforcement of Settlement Agreements, Enterprise Agreements, Remedies for Breach of Settlement, Interest on Judgment Debts
Employment and Industrial Relations Enforcement of Settlement Agreements Enterprise Agreements Remedies for Breach of Settlement Interest on Judgment Debts

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Parties

Construction, Forestry, Maritime, Mining and Energy Union

Applicant

Abseal Pty Ltd

First Respondent

Michael Kostal

Second Respondent

Procedural Posture

Interlocutory Application in Civil Proceeding / Judgment on Application to Enforce Settlement Agreement

Legal Issues

  1. 1 Whether the court has jurisdiction to enforce the terms of a settlement agreement resolving claims under an enterprise agreement.
  2. 2 Whether relief in the form of orders for payment and interest should be granted against the respondents for default on settlement payments.

Ratio Decidendi

The respondents are in default of binding settlement obligations to pay amounts to three named individuals. The court has jurisdiction to grant final relief enforcing settlement terms, including ordering payment and interest, since no permissible excuse for non-payment was established and enforcement is part of the current matter.

Court Disposition

Judgment for the applicant; orders for payment and interest granted.

Orders

  • Judgment for the applicant.
  • Respondents jointly and severally liable to pay, within 30 days of service of the order: (a) to Nick Warren, $11,109.11; (b) to Justin Dredge, $6,796.36; (c) to Shaughan Eadie, $11,234.46.