Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining & Energy Union v Honourable Senior Deputy President Harrison [2009] FCAFC 110
INDUSTRIAL LAW – orders made by the Industrial Relations Commission granting exclusive representation rights to associations or organisations under reg 2.4 of the Workplace Relations Regulations 2006 (Cth) – whether the Commission had the power to make such orders – held the Commission was correct to find that it had jurisdiction pursuant to reg 2.4(1) – Commission was correct to follow the decision of the Full Bench in the Construction, Forestry, Mining and Energy Union v Australian Workers' Union of Employees, Queensland (2006) 159 IR 25 – each of the State Representation Orders was an order "of a similar kind" to those made by the Commission in each application – each order made by the Commission was an order "to the same effect as the State Representation Order" – applications for Orders to Show Cause dismissed
Industrial Relations Act 1990 (Qld) – s 45 Workplace Relations Act 1996 (Cth) – subclause 1(1), cl 4 of Sch 10 Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Workplace Relations Regulations (Cth) – regs 2.4, 2.5, 2.6 of Ch 6
CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 – relied on Construction, Forestry, Mining and Energy Union v Australian Workers' Union of Employees, Queensland (2006) 159 IR 25 – applied Fox v Commissioner for Superannuation (1999) 167 ALR 197 – relied on
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v THE HONOURABLE SENIOR DEPUTY PRESIDENT HARRISON, A MEMBER OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION, MOUNT ISA MINES LIMITED, THE AUSTRALIAN WORKERS' UNION OF EMPLOYEES, QUEENSLAND, THE AUSTRALIAN WORKERS' UNION, THE AUTOMOTIVE, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES INDUSTRIAL UNION OF EMPLOYEES, QUEENSLAND, THE AUTOMOTIVE, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION and THE FEDERATED ENGINE DRIVERS' AND FIREMEN'S ASSOCIATION OF QUEENSLAND, UNION OF EMPLOYEES
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