Recent Cases

Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51 (28 March 2023) (COLLIER, THOMAS AND RAPER JJ)


Catchwords:


INDUSTRIAL LAW – section 114 of the Fair Work Act 2009 (Cth) – appeal from a decision of this Court which found that the employer had not contravened s 114 by requiring employees to work on a public holiday – whether “request” within the meaning of subss 114(2) and (3) means a request in its ordinary sense or includes a requirement by an employer to work on a public holiday where no request was made – appeal allowed