Construction, Forestry, Maritime, Mining and Energy Union v One Key Workforce Pty Ltd

The matter before the court involved a dispute between the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and One Key Workforce Pty Ltd (OKW) over the validity of an enterprise agreement. The CFMMEU sought a declaration that the enterprise agreement was void and of no effect, and the court granted this relief. The primary issue before the court was whether the primary judge's exercise of discretion in ordering the distribution of trust monies was correct. The CFMMEU argued that the primary judge miscarried in his exercise of discretion by having regard to the views of the Full Court, the nature of the proceeding, and a potential contravention of a certain section of the Corporations Act. The court found no error in the primary judge's decision and granted leave to appeal, but ultimately dismissed the appeal.

The court also considered applications to adduce further evidence on appeal. Both parties made applications to adduce further evidence in the appeal, which were not made in conformity with the Federal Court Rules. However, neither party complained about this, and the court decided to dispense with compliance with the relevant rule. The CFMMEU sought to admit an affidavit from a senior national legal officer, which provided details on the proposed settlement and the amounts that CFMMEU members were expected to receive. The court granted leave to both parties to adduce further evidence in the appeal.