Bianco Walling Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2020] FCAFC 50 (24 March 2020) (Flick, White and Perry JJ)


Catchwords:


INDUSTRIAL LAW – application for prerogative and declaratory relief in respect of decisions of the Fair Work Commission dismissing an application pursuant to s 217 of the Fair Work Act 2009 (Cth) for the variation of an enterprise agreement – alleged ambiguity or uncertainty in the agreement – whether decision of a Deputy President affected by jurisdictional error by reason of the Deputy President treating the application as requiring an interpretation of the agreement and by treating the terms “ambiguity” and “uncertainty” as synonyms – whether the decision of the Full Bench to affirm the Deputy President’s decision affected by jurisdictional error.

Held: both decisions affected by jurisdictional error.