Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Aurizon Operations Ltd [2015] FCAFC 126

FEDERAL COURT OF AUSTRALIA

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Aurizon Operations Ltd [2015] FCAFC 126 Citation: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Aurizon Operations Ltd [2015] FCAFC 126

Parties: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, QUEENSLAND SERVICES, INDUSTRIAL UNION OF EMPLOYEES, AUSTRALIAN FEDERATED UNION OF LOCOMOTIVE EMPLOYEES, "AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION" KNOWN AS THE AUSTRALIAN MANUFACTURING WORKERS' UNION and AUSTRALIAN RAIL TRAM AND BUS INDUSTRY UNION v AURIZON OPERATIONS LIMITED (ACN 124 649 967), AURIZON NETWORK PTY LTD (ACN 132 181 116), AUSTRALIAN EASTERN RAILROAD PTY LTD (ACN 118 274 776) and FAIR WORK COMMISSION

File number: QUD 246 of 2015

Judges: JESSUP, TRACEY AND REEVES JJ

Date of judgment: 3 September 2015

Catchwords: INDUSTRIAL LAW – judicial review of decision of the Fair Work Commission to terminate enterprise agreements under s 226 of the Fair Work Act 2009 (Cth) ("the FW Act") – whether the Fair Work Commission, in determining where the public interest lies for the purpose of s 226 of the FW Act, misunderstood the object of the FW Act – whether the Fair Work Commission erroneously failed to recognise that altering the negotiating balance between parties in collective bargaining discordant with objects of the FW Act INDUSTRIAL LAW – judicial review of decision of the Fair Work Commission to terminate enterprise agreements under s 226 of the Fair Work Act 2009 (Cth) ("the FW Act") – whether the Fair Work Commission, in determining where the public interest lies for the purpose of s 226 of the FW Act, was obliged to have regard to the impact of the termination of the agreements on an access undertaking given under the Queensland Competition Act 1997 (Qld)