Construction, Forestry, Maritime, Mining and Energy Union v Hay Point Services Pty Ltd [2018] FCAFC 182
Clause 34.1 of the Enterprise Agreement, when properly construed, imposes a restriction on Hay Point Services Pty Ltd that only reasonable overtime may be required of employees; contravening this restriction constitutes a breach under s 50 of the Fair Work Act 2009 (Cth).
- Jurisdiction
- Australia
- Judgment Date
- 23 October 2018
- Procedural Posture
- Appeal / Post Judgment, Orders and Reasons
- Outcome
- appeal allowed
- Legal Topics
- ['enterprise Agreement Interpretation' 'reasonable Overtime' 'contravention of Enterprise Agreement']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Post Judgment, Orders and Reasons
Legal Issues
- 1 ['Whether clause 34.1 of the Enterprise Agreement creates an obligation capable of being contravened by the employer under s 50 of the Fair Work Act 2009 (Cth)' 'The proper construction of the overtime provisions in the Enterprise Agreement']
Ratio Decidendi
Clause 34.1 of the Enterprise Agreement, when properly construed, imposes a restriction on Hay Point Services Pty Ltd that only reasonable overtime may be required of employees; contravening this restriction constitutes a breach under s 50 of the Fair Work Act 2009 (Cth).
Court Disposition
appeal allowed
Orders
- ['The appeal is allowed.' "The primary judge's order dismissing the application is set aside." "The proceeding is remitted to the primary judge for further determination in accordance with the Full Court's reasons." 'No order for costs.']
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