Energy Australia Yallourn Pty Ltd v Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union [2018] FCAFC 146

FEDERAL COURT OF AUSTRALIA

Energy Australia Yallourn Pty Ltd v Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union [2018] FCAFC 146 Appeal from: Energy Australia Yallourn Pty Ltd v Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union [2017] FCA 1245 Energy Australia Yallourn Pty Ltd v Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union (No 2) [2018] FCA 47

File numbers: VID 1206 of 2017 VID 181 of 2018

Judges: RARES, FLICK AND BARKER JJ

Date of judgment: 31 August 2018

Catchwords: ESTOPPEL – res judicata – competency of appeal – whether order setting aside originating application for want of jurisdiction interlocutory or final – where legal effect of primary judge's order finally determined rights of parties – where primary judge held justiciable controversy between parties extinguished by Fair Work Commission decision in arbitration under ss 595 and 739 of Fair Work Act 2009 (Cth) INDUSTRIAL LAW – statutory interpretation – construction of enterprise agreement – whether employee organisations noted by the Fair Work Commission as "covered" by enterprise agreement under Fair Work Act 2009 (Cth) ss 54 and 201(2) have standing in own right as party to a dispute under dispute resolution procedure mandated by s 186 – consideration of meaning of "workplace right" under s 341 – where dispute as to interpretation by Fair Work Commission as arbitrator of enterprise agreement clause – where employee organisation when initiating dispute resolution process did not specifically identify affected employees – where employer in arbitration submitted that it accepted Fair Work Commission had jurisdiction to resolve dispute COSTS – Fair Work Act 2009 (Cth) s 570(1) – whether proceeding "in relation to a matter arising under" the Fair Work Act 2009 (Cth) – where primary judge set aside originating application claiming relief under Fair Work Act 2009 (Cth) for want of jurisdiction and ordered applicant to pay respondent's costs on basis no matter arose under Act