Australian Workers' Union v Leighton Contractors Pty Limited [2013] FCAFC 4

FEDERAL COURT OF AUSTRALIA

Australian Workers' Union v Leighton Contractors Pty Limited [2013] FCAFC 4 Citation: Australian Workers' Union v Leighton Contractors Pty Limited [2013] FCAFC 4

Parties: THE AUSTRALIAN WORKERS' UNION v LEIGHTON CONTRACTORS PTY LIMITED, BECHTEL AUSTRALIA PTY LIMITED, AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION KNOWN AS THE AUSTRALIAN MANUFACTURING WORKERS' UNION (AMWU) (188V), COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and FAIR WORK AUSTRALIA

File number: QUD 178 of 2012

Judges: DOWSETT, MCKERRACHER and katzmann jJ

Date of judgment: 29 January 2013

Catchwords: INDUSTRIAL LAW – Enterprise agreements – greenfields agreements - approval by Fair Work Australia ("FWA") – a trade union that was not a party to the agreements applied to the Full Bench of FWA for permission to appeal against FWA decision to approve agreements arguing that agreements were signed on behalf of one union by an officer who lacked authority under the union's rules – Full Bench of FWA denied permission to appeal – whether agreements were made within meaning of the Fair Work Act 2009 (Cth) – proper construction of union's rules – indoor management rule – application of s 793 of the Fair Work Act – ratification by conduct ADMINISTRATIVE LAW – Application for constitutional writs against Full Bench of FWA – Full Bench of FWA denied permission to appeal – whether any jurisdictional error in doing so