Construction, Forestry, Mining and Energy Union v Amcor Limited [2002] FCA 878

Construction, Forestry, Mining and Energy Union v Amcor Limited [2002] FCA 878

In the special circumstances, it was preferable to make an appealable final order for payment to one employee, Mr Anderson, rather than resolve all outstanding issues first. The union calculated Mr Anderson's net entitlement at $88,677.30 and Amcor did not dispute that figure for the purpose of facilitating an appealable order. Execution of that order was stayed pending Amcor's proposed appeal. Because a final order would be taken to the Full Court, Paper Australia's intervention application was refused without prejudice to renewal if the appeal was unsuccessful or to an application to intervene in the Full Court.

Jurisdiction
Australia
Judgment Date
12 July 2002
Procedural Posture
Application Concerning Payment of Alleged Underpayments Under the Workplace Relations Act 1996 (cth) S 178(6) and the Australian Paper/amcor Fibre Packaging Agreement 1997 / Orders Made After Reasons for Judgment, With Execution Stayed Pending the First Respondent's Proposed Appeal; Application for Leave to Intervene Refused Without Prejudice
Outcome
Amcor was ordered to pay Mr Anderson $88,677.30 for specified entitlements under the Australian Paper/Amcor Fibre Packaging Agreement 1997, with interest reserved and execution stayed pending Amcor's proposed appeal. Paper Australia's application for leave to intervene was refused without prejudice.
Legal Topics
['workplace Relations Act 1996 (cth) S 178(6)' 'certified Agreement Entitlements' 'underpayment Orders' 'accrued Sick Leave' 'accrued Annual Leave' 'accrued Long Service Leave' 'stay Pending Appeal' 'intervention']
['workplace Relations' 'employment Law' 'industrial Law' 'civil Procedure'] ['workplace Relations Act 1996 (cth) S 178(6)' 'certified Agreement Entitlements' 'underpayment Orders' 'accrued Sick Leave' 'accrued Annual Leave' 'accrued Long Service Leave' 'stay Pending Appeal' 'intervention']

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Procedural Posture

Application Concerning Payment of Alleged Underpayments Under the Workplace Relations Act 1996 (cth) S 178(6) and the Australian Paper/amcor Fibre Packaging Agreement 1997 / Orders Made After Reasons for Judgment, With Execution Stayed Pending the First Respondent's Proposed Appeal; Application for Leave to Intervene Refused Without Prejudice

Legal Issues

  1. 1 ["Whether the Court's power under s 178(6) of the Workplace Relations Act 1996 (Cth) to order payment of amounts underpaid is discretionary" 'What order should be made to permit an appeal on the construction of cl 55 of the 1997 Certified Agreement before further evidence and argument on outstanding issues' 'Whether Paper Australia Pty Ltd should be granted leave to intervene at this stage of the proceeding']

Ratio Decidendi

In the special circumstances, it was preferable to make an appealable final order for payment to one employee, Mr Anderson, rather than resolve all outstanding issues first. The union calculated Mr Anderson's net entitlement at $88,677.30 and Amcor did not dispute that figure for the purpose of facilitating an appealable order. Execution of that order was stayed pending Amcor's proposed appeal. Because a final order would be taken to the Full Court, Paper Australia's intervention application was refused without prejudice to renewal if the appeal was unsuccessful or to an application to intervene in the Full Court.

Court Disposition

Amcor was ordered to pay Mr Anderson $88,677.30 for specified entitlements under the Australian Paper/Amcor Fibre Packaging Agreement 1997, with interest reserved and execution stayed pending Amcor's proposed appeal. Paper Australia's application for leave to intervene was refused without prejudice.

Orders

  • ["The first respondent pay to the second respondent the sum of $88,677.30 as and for his net entitlement for accrued sick leave, accrued annual leave, accrued long service leave and three weeks' pay for each year of service under the Australian Paper/Amcor Fibre Packaging Agreement 1997 with the question of interest...