United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board [2006] FCAFC 84

FEDERAL COURT OF AUSTRALIA

United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board [2006] FCAFC 84

INDUSTRIAL LAW – appeal - penalties imposed by s 178 of Workplace Relations Act 1996 (Cth) ("the Act") – whether power to impose penalties – whether Industrial Relations Commission ("Commission") had jurisdiction to make orders – construction of dispute resolution clause in Certified Agreement – whether application for Constitutional writs is an "appeal" – whether Commission precluded from dealing with dispute because prior reference of dispute to Federal Court – whether s 127 of the Act contains an exclusive code - whether reference to 'orders' in s 178 of the Act include those made under s 127 of the Act Words and Phrases – "appeal" – "order" Conciliation and Arbitration Act 1904 (Cth) – ss 70J, 119(1) Industrial Relations Act 1988 (Cth) – ss 127, 178 Workplace Relations Act 1996 (Cth) – ss 127, 178 Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Workplace Relations and Other Legislation Amendment Act 1996 (Cth) Amcor Limited v Construction Forestry Mining & Energy Union [2005] HCA 10 referred to Ansett Australia Limited v Australian Licensed Aircraft Engineers' Association [2003] FCAFC 209 referred to BHP Steel (AIS) Pty Limited v Construction, Forestry, Mining and Energy Union v Gordonstone Coal Management Pty Limited (1998) 91 FCR 1 cited Branir Pty Limited v Owston Nominees Pty Limited (No 2) (2001) 117 FCR 424 cited Coal & Allied Operations Limited v Australian Industrial Relations Commission (2000) 203 CLR 194 distinguished Coal and Allied Operations Pty Limited v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (1997) 73 IR 311 cited Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (2000) 203 CLR 645 cited Construction, Forestry, Mining and Energy Union v Gordonstone Coal Management Pty Limited (1998) 91 FCR 1 cited Coulton v Holcombe (1986) 162 CLR 1 cited Kucks v CSR Limited (1996) 66 IR 182 cited Re Griffin; Ex parte Professional Radio & Electronics Institute of Australia (1988) 167 CLR 37 referred to Short v FW Hercus Pty Limited (1993) 40 FCR 511 cited Turnbull v New South Wales Medical Board (1976) 2 NSWLR 281 cited Tweed Valley Fruit Processors Pty Limited v Ross (1996) 137 ALR 70 cited UNITED FIREFIGHTERS' UNION OF AUSTRALIA AND PETER MARSHALLv METROPOLITAN FIRE AND EMERGENCY SERVICES BOARD VID 558 of 2005 UNITED FIREFIGHTERS' UNION OF AUSTRALIA AND PETER MARSHALLv METROPOLITAN FIRE AND EMERGENCY SERVICES BOARD VID 1188 of 2005 NICHOLSON, JACOBSON AND LANDER JJ 30 MAY 2006 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA