Australian Workers’ Union of Employees, Queensland v Etheridge Shire Council [2009] FCAFC 95

FEDERAL COURT OF AUSTRALIA

Australian Workers' Union of Employees, Queensland v Etheridge Shire Council [2009] FCAFC 95

COSTS – proceedings in which it was held that respondent was not an employer within the meaning of the Workplace Relations Act 1996 (Cth) – whether proceedings in which appellants had sought declarations to that effect were "in a matter arising under this Act" for the purposes of s 824(1) of the Workplace Relations Act. Constitution, ss 75(v), 76 (i), 76(ii), 77(i), 109 Conciliation and Arbitration Act 1904 (Cth), s 31 Fair Work Act 2009 (Cth), s 570 Federal Court of Australia Act 1976 (Cth), ss 21, 43 Industrial Relations Act 1988 (Cth), ss, 253X, 253ZC, 347, 853X, 853ZC Judiciary Act 1903 (Cth), ss 26, 39, 39B Workplace Relations Act 1996 (Cth), ss 170MN, 178, 824 Industrial Relations Act 1999 (Qld) Abebe v Commonwealth (1999) 197 CLR 510 followed Attorney-General (NSW) v Commonwealth Savings Bank (1986) 160 CLR 315 cited Australian Solar Mesh v Anderson (2000) 101 FCR 1 referred to Australian Workers' Union of Queensland v Etheridge Shire Council (2008) 171 FCR 102 considered Bank of New South Wales v Commonwealth (1948) 76 CLR 1 referred to BGC Contracting Pty Ltd v Construction, Forestry, Mining and Energy Union of Workers (No 2) (2005) 143 FCR 409 followed Burgundy Royale v Westpac (1987) 18 FCR 212 referred to Charles Marshall Pty Ltd v Collins [1957] AC 274 cited Collins v Charles Marshall Pty Ltd (1955) 92 CLR 529 considered Combet v The Commonwealth (2005) 224 CLR 494 cited Construction, Forestry, Mining and Energy Union v Clarke (2008) 170 FCR 574 followed Dhillon v Minister for Immigration, Local Government & Ethnic Affairs (1994) 48 FCR 107 Felton v Mulligan (1971) 124 CLR 367 considered Fencott v Muller (1983) 152 CLR 570 referred to LNC Industries Ltd v BMW (Australia) Ltd (1983) 151 CLR 575 considered McJannet v White (1992) 39 FCR 1 cited McJannet v White (1994) 48 FCR 453 cited New South Wales v Commonwealth (The Work Choices Case) (2006) 229 CLR 1 referred to Phillip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 cited R v Commonwealth Court of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141 considered R v Judges of the Federal Court of Australia; Ex parte Western Australian National Football League (Incorporated) (Adamson's Case) (1979) 143 CLR 190 referred to R v Trade Practices Tribunal; Ex parte St George County Council (1974) 130 CLR 533 referred to Re McJannett; Ex parte Australian Workers' Union of Queensland (No 2) (1997) 189 CLR 654 explained Re McJannett; Ex parte Minister for Employment, Training and Industrial Relations (Qld) (1995) 184 CLR 620 cited Re Polites; Ex parte Hoyts Corporation Pty Ltd (1991) 173 CLR 78 considered Smith Kline & French Laboratories (Aust) Ltd v Commonwealth of Australia (1991) 173 CLR 194 cited Tristar Steering and Suspension Australia Ltd v Industrial Relations Commission of New South Wales (No 2) (2007) 159 FCR 274 distinguished THE AUSTRALIAN WORKERS' UNION OF EMPLOYEES, QUEENSLAND & QUEENSLAND SERVICES, INDUSTRIAL UNION OF EMPLOYEES v ETHERIDGE SHIRE COUNCIL & WORKPLACE AUTHORITY DIRECTOR