Construction, Forestry, Maritime, Mining and Energy Union v One Key Workforce Pty Ltd [2020] FCAFC 27 (28 February 2020) (McKerracher, Farrell and Markovic JJ)


Catchwords:


CORPORATIONS – where declaration made that enterprise agreement is void and of no effect – where monies ordered to be held on trust pending outcome of appeal – where orders provided that monies be distributed to CFMMEU members with an interest in the trust monies if the appeal was dismissed or discontinued – where appeal to Full Court dismissed – where the question of distribution of trust monies remitted to the primary judge – where the primary judge ordered on the remitter that trust monies be distributed to the first respondent to be dealt with by its liquidators in accordance with their statutory responsibilities – whether the primary judge’s exercise of discretion miscarried – whether the primary judge erred in having regard to views of the Full Court – whether the primary judge erred in having regard to the nature of the proceeding – whether the primary judge erred in having regard to a potential contravention of s 596AB of the Corporations Act 2001 (Cth) – no error shown – leave to appeal granted – appeal dismissed

PRACTICE AND PROCEDURE – applications to adduce further evidence on appeal – where the further evidence only became available after the first instance proceeding and was relevant to subject matter of appeal – where the further evidence responded to a new argument made on appeal by the other party – applications granted