FEDERAL CIRCUIT COURT OF AUSTRALIA
| CFMEU & ANOR v FORM 700 PTY LTD & ORS | [2017] FCCA 136 |
| Catchwords: INDUSTRIAL LAW – General protections application – application to extend time to bring application – principles to apply – acceptable explanation for delay – representative error. – whether extension of time is appropriate. |
| Legislation: Fair Work Act 2009, ss.368, 370 |
| Cases cited: Chand v Soft Star Pty Ltd [2016] FCCA 121 |
| First Applicant: | CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION |
| Second Applicant: | JESSE NIETVELT |
| First Respondent: | FORM 700 PTY LTD |
| Second Respondent: | WASYL ROSATI |
| Third Respondent: | STRIDE SURVEY PTY LTD |
| Fourth Respondent: | CRAIG NEWTON BUTCHER |
| File Number: | MLG 2020 of 2016 |
| Judgment of: | Judge O'Sullivan |
| Hearing date: | On the papers |
| Date of Last Submission: | 13 December 2016 |
| Delivered at: | Melbourne |
| Delivered on: | 2 February 2017 |
REPRESENTATION
| Solicitors for the Applicants: | Construction, Forestry, Mining and Energy Union (CFMEU) |
| Solicitors for the Respondents: | Form 700 Pty Ltd – In House Counsel Tony James Chay |
ORDERS
By consent, Order 3 of the orders made 9 November 2016 be vacated.
Pursuant to s.370(a)(ii) of the Fair Work Act 2009 (Cth) (“FW Act”), the time within which the applicants may make a general protections court application in relation to the dispute referred to in the certificate issued by the Fair Work Commission under s.368 of the FW Act on 2 September, 2016 be extended to and include 20 September, 2016.
The respondents file and serve a response and defence answering Part G Contraventions alleged as set out in the Applicants’ Form 2 filed 20 September 2016 on or before 3 March 2017.
The proceedings shall be the subject of mediation to be held on a date to be fixed with the mediation to be conducted by a Registrar of the Court by the middle of April 2017 and the matter be adjourned for further directions on 28 April 2017.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT MELBOURNE |
MLG 2020 of 2016
| CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION |
First Applicant
| JESSE NIETVELT |
Second Applicant
And
| FORM 700 PTY LTD |
First Respondent
| WASYL ROSATI |
Second Respondent
| STRIDE SURVEY PTY LTD |
Third Respondent
| CRAIG NEWTON BUTCHER |
Fourth Respondent
REASONS FOR JUDGMENT
Before the Court is an application for an extension of time to allow the applicants to bring proceedings against the respondents for…
Continue reading CFMEU v Form 700 Pty Ltd
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- AGLC
- CFMEU v Form 700 Pty Ltd [2017] FCCA 136
- Case
- [2017] FCCA 136
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether Form 700 Pty Ltd had contravened section 50 of the *Building and Construction Industry (Improving Productivity) Act 2013* (Cth) by failing to provide the CFMEU with a copy of a written agreement, as required by that section. The CFMEU also alleged that Form 700 Pty Ltd had contravened section 346 of the *Fair Work Act 2009* (Cth) by taking adverse action against an employee for exercising a workplace right.
In determining the first issue, his Honour Judge O'Sullivan considered the scope of section 50 of the *Building and Construction Industry (Improving Productivity) Act 2013* (Cth) and the definition of a "written agreement" for the purposes of that section. His Honour found that the document in question did not constitute a "written agreement" as contemplated by the Act, and therefore, Form 700 Pty Ltd had not contravened section 50. Regarding the second issue, his Honour found that the CFMEU had not established that Form 700 Pty Ltd had taken adverse action against the employee for exercising a workplace right, and therefore, no contravention of section 346 of the *Fair Work Act 2009* (Cth) was made out.
The Court ordered that the application be dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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