Matter:  FWCA 7516
ENTERPRISE AGREEMENTS – approval – s.185 Fair Work Act 2009 – application to approve the RECS (QLD) PTY LTD Enterprise Agreement 2015 – Commission satisfied that undertakings provided will ensure Agreement meets BOOT – Agreement approved.
Fair Work Division of the Federal Court of Australia
Application [NSD2073/2017] filed 29 November 2017 seeking relief under s. 39B Judiciary Act 1903.
On 23 November, Justice Flick finalised the order to quash the approval of the Agreement and declared the Agreement void and of no effect.
On 29 November 2017, the appellant in the proceedings, NSD2073/2017, filed an interlocutory application, seeking that the orders of Justice Flick of 23 November 2017 do not come into operation until all avenues of appeal are exhausted and are unsuccessful.
This matter was listed for hearing before a Full Court of the Federal Court on 16 March 2018.
On 26 June 2018, the Court ordered that a further hearing of the proceeding be adjourned to 7 August 2018 and that the parties to file and serve any affidavit material upon which they intend to rely at the further hearing by 3 August 2018.
Judgment is this matter was handed down on 28 August 2018. The Court ordered that:
1. The appeal be allowed in part.
2. Order 1 made by the primary judge on 23 November 2017 be set aside and in lieu thereof:
a) a writ of certiorari issue quashing the approval by the second respondent of the RECS (QLD) Pty Ltd Enterprise Agreement 2015 on 30 October 2015 in proceeding AG 2015/5383; and
b) a writ of mandamus issue to the second respondent that it determine according to law the application for approval in matter number AG 2015/5383.
The appeal be otherwise dismissed.