Treasury Wine Estates Vintners Limited v Pearson [2019] FCAFC 21

FEDERAL COURT OF AUSTRALIA

Treasury Wine Estates Vintners Limited v Pearson [2019] FCAFC 21 Appeals from: Pearson v Treasury Wine Estates [2017] SAET 182 Pearson v Treasury Wine Estates [2017] SAIRC 11

File numbers: SAD 74 of 2018 SAD 197 of 2018

Judges: RARES, PERRY AND CHARLESWORTH JJ

Date of judgment: 13 February 2019

Catchwords: CONSTITUTIONAL LAW – Constitution Ch III – where eligible State court vested with federal jurisdiction under s 539(2) of Fair Work Act 2009 (Cth) to hear claims by employee against employer for underpayment of amount due under enterprise agreement in contravention of s 50 – where industrial magistrate of Industrial Court of South Australia heard matter using the small claims procedure under s 548 of Fair Work Act 2009 (Cth) – where s 565(1A)(a) of Fair Work Act 2009 (Cth) provided for internal appeal to a judge of Industrial Court from judgment or order of industrial magistrate exercising summary jurisdiction – whether internal appeal lay under s 565(1A)(a) from judgment or order of industrial magistrate sitting as a court of summary jurisdiction when applying small claims procedure in s 548 CONSTITUTIONAL LAW – where s 565(1A)(a) Fair Work Act 2009 (Cth) gave right of appeal to Industrial Court as eligible State or Territory court to hear and determine appeal from judgment or order of eligible State or Territory court exercising federal jurisdiction – where State Act subsequently dissolved Industrial Court and replaced it with South Australian Employment Tribunal in Court Session – where State Act purported to transfer unresolved appeal in Industrial Court to Tribunal in Court Session – whether State had legislative power to transfer jurisdiction to hear instituted appeal in federal jurisdiction from Industrial Court to Tribunal in Court Session – whether Tribunal in Court Session had jurisdiction to decide appeal or appeal remained in dissolved Industrial Court INDUSTRIAL LAW – Fair Work Act 2009 (Cth) – principles of construction of enterprise agreement