Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd

[2022] HCATrans 31

[2022] HCATrans 031

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth   No P5 of 2021

B e t w e e n -

CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION

First Appellant

DANIEL McCOURT

Second Appellant

and

PERSONNEL CONTRACTING PTY LTD

Respondent

KIEFEL CJ
GAGELER J
KEANE J
GORDON J
EDELMAN J
STEWARD J
GLEESON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 16 MARCH 2022, AT 9.49 AM

Copyright in the High Court of Australia

KIEFEL CJ:   This appeal was heard in Canberra by video connection to Brisbane, Sydney and Melbourne on 31 August 2021 by a Court constituted by Justices Gageler, Keane, Gordon, Edelman, Steward, Gleeson and me.  On 9 February 2022 the Court delivered judgment and made the following orders:

1.Appeal allowed with costs.

2.Set aside the order of the Full Court of the Federal Court of Australia made on 17 July 2020 and, in its place, order that:

(a)the appeal be allowed;

(b)the order of the Federal Court of Australia made on 6 November 2019 be set aside;

(c)it be declared and ordered that, between 27 July 2016 and 6 November 2016 and 14 March 2017 and 30 June 2017, the second appellant was employed by the respondent; and

(d)the matter be remitted to the primary judge for determination according to law.

The parties to this appeal filed a consent on 15 March 2022 to vary the orders made by the Court.  The Court makes the following orders by consent:

1.Paragraph 1 of the orders of the Court dated 9 February 2022 be vacated and replaced with the following order:

(a)Appeal allowed.

2.There be no order as to costs in relation to the negotiation and preparation of this consent order.

I publish those orders.

AT 9.51 AM THE MATTER WAS CONCLUDED