Construction, Forestry, Maritime, Mining and Energy Union v One Key Workforce Pty Ltd [2019] FCA 153

Construction, Forestry, Maritime, Mining and Energy Union v One Key Workforce Pty Ltd [2019] FCA 153

The Court, exercising its discretion, held that the monies held in trust should be distributed to One Key to be dealt with by its liquidators in accordance with their statutory responsibilities, rather than restricting distribution to CFMMEU members, having regard to the interests of all employees and the potential (though not established) risk of contravention of s 596AB.

Jurisdiction
Australia
Judgment Date
20 February 2019
Procedural Posture
Originating Application / Post Appeal Remittal for Determination of Trust Monies Distribution
Outcome
Monies held in trust to be distributed to One Key to be dealt with by its liquidators in accordance with their statutory responsibilities.
Legal Topics
['enterprise Agreement Approval' 'employee Entitlements' 'distribution of Trust Monies']
['employment Law' 'industrial Relations' 'corporate Insolvency'] ['enterprise Agreement Approval' 'employee Entitlements' 'distribution of Trust Monies']

Case Brief

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Procedural Posture

Originating Application / Post Appeal Remittal for Determination of Trust Monies Distribution

Legal Issues

  1. 1 ['Whether trust monies should be distributed to Union members only, to Respondent in liquidation, or to all employees']

Ratio Decidendi

The Court, exercising its discretion, held that the monies held in trust should be distributed to One Key to be dealt with by its liquidators in accordance with their statutory responsibilities, rather than restricting distribution to CFMMEU members, having regard to the interests of all employees and the potential (though not established) risk of contravention of s 596AB.

Court Disposition

Monies held in trust to be distributed to One Key to be dealt with by its liquidators in accordance with their statutory responsibilities.

Orders

  • ['The parties are to bring in Short Minutes of Orders to give effect to these reasons within seven days.']