Qube Logistics (Rail) Pty Ltd v Australian Rail, Tram and Bus Industry Union [2021] FCAFC 83 (28 May 2021) (Bromberg, Katzmann and O’Callaghan JJ)


Catchwords:


INDUSTRIAL LAW — interpretation of enterprise agreement providing for wage increases after nominal expiry date — where primary judge had held that employer contravened the Fair Work Act 2009 (Cth) for failing to pay wage increases after nominal expiry date and before new agreement came into effect — where the condition for those increases was “the absence of re-negotiation”, whether properly construed the phrase referred to the absence of a re‑negotiated agreement, as the primary judge determined or the failure to begin the process of re-negotiation, as the employer contended — where the increases for which the agreement provided after the nominal expiry date were expressed as “the agreed increase of pay for each anniversary such date thereafter”, whether the date in question was the nominal expiry date of the agreement, as the employer contended, or the date of the last increase of pay detailed in the remuneration clause, as the primary judge found — where delay in complaining about contravention, whether primary judge erred in awarding interest on unpaid amounts