Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kronen v Commercial Motor Industries Pty Ltd (trading as CMI Toyota) [2018] FCAFC 136 Appeal from: Kronen v Commercial Motor Industries Pty Ltd (t/as CMI Toyota) [2017] SAET 156
File number: SAD 344 of 2017
Judges: WHITE, PERRY AND CHARLESWORTH JJ
Date of judgment: 23 August 2018
Catchwords: INDUSTRIAL LAW – appeal from decision of the South Australian Employment Tribunal (SAET) dismissing application to re-open proceedings and holding that it did not have jurisdiction – whether s 69(3) of the Statutes Amendment (South Australian Employment Tribunal) Act 2016 (SA) was effective to transfer proceedings in the exercise of federal jurisdiction to the SAET – whether by reason of s 16 of the Acts Interpretation Act 1915 (SA) the Industrial Relations Court of South Australia (IRCSA) continues to have jurisdiction with respect to the Appellant's claim under Workplace Relations Act 1996 (Cth). Held: SAET did not have jurisdiction to deal with reopening application and the IRCSA continues to have that jurisdiction.
Legislation: Constitution ss 75, 76, 77(iii) Acts Interpretation Act 1901 (Cth) s 8 Conciliation and Arbitration Act 1904 (Cth) Fair Work Act 2009 (Cth) ss 12, 545, 546, 565(1) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) s 28(1)(c) Industrial Relations Act 1998 (Cth) Judiciary Act 1903 (Cth) ss 39, 78B, 79(3) Workplace Relations Act 1996 (Cth) ss 177A, 178, 179, 717 Fair Work and Other Legislation Amendment (South Australian Employment Court) Regulations 2017 (Cth) Sch 1 reg 1 Fair Work Regulations 2009 (Cth) reg 1.05 Acts Interpretation Act 1915 (SA) ss 16, 22A Development Act 1993 (SA) Fair Work Act 1994 (SA) ss 4(1), 9, 14, 69 Judicial Review Act 1991 (Qld) s 4(a) Return to Work Act 2014 (SA) South Australian Employment Tribunal Act 2014 (SA) Statutes Amendment (South Australian Employment Tribunal) Act 2016 (SA) s 5, 6-6B
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