Construction, Forestry, Mining and Energy Union v Newlands Coal Pty Ltd [2006] FCAFC 71

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Newlands Coal Pty Ltd [2006] FCAFC 71

INDUSTRIAL RELATIONS – interpretation of certified agreements – whether clauses in certified agreements prevail over Australian workplace agreements made after the certified agreements were entered into – whether the form of declarations at first instance reflected the jurisdiction being exercised Workplace Relations Act 1996 (Cth), Pt VIB, Pt VID, ss 170LI, 170LJ, 170LL, 170LT, 170LW, 170VF(1), s 170VQ(6)(a), 347, 412 and 413A Newlands Coal Pty Ltd v Construction, Forestry, Mining & Energy Union [2005] FCA 1512; (2005) 147 IR 304 varied CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v NEWLANDS COAL PTY LTD (ACN 010 082 578) QUD 6 OF 2006 KIEFEL, KENNY AND GYLES JJ 19 MAY 2006 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 6 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

APPELLANT

AND: NEWLANDS COAL PTY LTD (ACN 010 082 578)

RESPONDENT

JUDGES: KIEFEL, KENNY AND GYLES JJ

DATE: 19 MAY 2006

PLACE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be allowed.

2. The declarations made on 7 December 2005 be set aside.

3. In lieu thereof, it be declared:

(1) The expression 'all other Awards, Certified Agreements and industrial instruments' in clause 4 of the Newlands Open Cut Coal Mine Certified Agreement 2003 (2003 Agreement):

(a) refers to all such other awards, certified agreements and industrial instruments as were in existence at the commencement of the 2003 Agreement; and

(b) does not refer to Australian Workplace agreements that Newlands Coal Pty Ltd entered into with employees after the commencement of the 2003 Agreement.