Ben Ward & Ors v Crosswalk Pty Ltd

Ben Ward and others (the applicants) sought leave to appeal against a decision of the Federal Court of Australia. The respondents were Crosswalk Pty Ltd. The dispute concerned the applicants' entitlement to certain payments under an enterprise agreement.

The primary legal issue before Hayne J was whether the applicants had established a sufficient arguable case to warrant granting leave to appeal. This involved considering whether the primary judge had made any errors of law or fact in their original determination of the applicants' entitlements under the enterprise agreement.

Hayne J considered the arguments presented by both parties regarding the interpretation of the enterprise agreement and the relevant provisions of the Fair Work Act 2009 (Cth). His Honour found that the applicants had not demonstrated a strong likelihood of success on appeal, nor had they shown that the appeal raised a question of general public importance. Consequently, the threshold for granting leave to appeal was not met.

Leave to appeal was refused.