Teekay Shipping (Australia) Pty Ltd v Auld [2020] FCAFC 206 (27 November 2020) (Rares, Logan and Wigney JJ)


Catchwords:


INDUSTRIAL LAW – interpretation of industrial agreements – whether Full Bench of the Fair Work Commission made jurisdictional error in interpretation of enterprise agreement and modern award in holding that, read together, they contained a consultation term within the meaning of s 205 of the Fair Work Act 2009 (Cth) – where enterprise agreement and modern award did not contain all elements of consultation term required in s 205 – whether model consultation term prescribed pursuant to s 205(2) to be read to supplement or supplant existing but deficient consultation provisions in enterprise agreement and modern award – where s 205(2) provided model consultation term prescribed by reg 2.09 of the Fair Work Regulations deemed to be term of the enterprise agreement – Held: model consultation term applied to exclusion of insufficient and defective terms dealing with consultation in the enterprise agreement and modern award