Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Mines and Metals Association Inc v Construction, Forestry, Maritime, Mining and Energy Union [2018] FCAFC 223 Review of: Australian Mines and Metals Association Inc v Construction, Forestry, Maritime, Mining and Energy Union [2018] FWCFB 3710
File number: QUD 500 of 2018
Judges: ALLSOP CJ, GRIFFITHS AND O'CALLAGHAN JJ
Date of judgment: 14 December 2018
Catchwords: INDUSTRIAL LAW – amalgamation between the Maritime Union of Australia (MUA), the Textile, Clothing and Footwear Union of Australia and the Construction, Forestry, Mining and Energy Union (CFMEU) to form the Construction, Forestry, Maritime, Mining and Energy Union – where s 73(2) of the Fair Work (Registered Organisations) Act 2009 (Cth) (RO Act) required the Fair Work Commission (Commission) to fix an amalgamation day if it is satisfied about each of the matters specified in s 73(2), including that there are no proceedings "other than civil proceedings" pending against any of the existing organisations concerned in the amalgamation (s 73(2)(c)) – where at all relevant times, civil penalty proceedings were pending against the CFMEU and MUA in respect of alleged contraventions of civil remedy provisions in the Fair Work Act 2009 (Cth) and other Commonwealth statutes – whether the expression "other than civil proceedings" in s 73(2)(c) of the RO Act has a meaning which excludes civil penalty proceedings, with the consequence that the Commission could not have had the requisite satisfaction under s 73(2)(c) and therefore had no power to fix an amalgamation day ADMINISTRATIVE LAW – where the applicant sought writs of certiorari quashing the decisions of both the Deputy President of the Fair Work Commission and the Full Bench's decision on appeal – whether the Deputy President's decision is amenable to judicial review in circumstances where it has been the subject of an appeal decision by the Full Bench
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