Transit Systems West Services Pty Ltd v Australian Rail, Tram and Bus Industry Union [2020] FCAFC 193

Federal Court of Australia

Transit Systems West Services Pty Ltd v Australian Rail, Tram and Bus Industry Union [2020] FCAFC 193 File number: NSD 100 of 2020

Judgment of: KATZMANN, KERR AND O'CALLAGHAN JJ

Date of judgment: 13 November 2020

Catchwords: INDUSTRIAL LAW – Pt 6-3A of the Fair Work Act 2009 (Cth) – where Fair Work Commission arbitrated dispute as to meaning of term in copied State award and Full Bench affirmed decision on appeal – whether Full Bench precluded by ss 739(5) and 768AI(3) of the Fair Work Act 2009 (Cth) from considering surrounding circumstances in order to resolve an ambiguity about the objective common intention of the parties ADMINISRATIVE LAW – where applicant seeks certiorari and declarations in respect of decision of Full Bench of the Fair Work Commission acting as private arbitrator – whether certiorari available – whether relief to be refused on discretionary grounds where basis for claim not raised before Commissioner or Full Bench – whether declaration sought inutile

Legislation: Fair Work Act 2009 (Cth) ss 562, 563, 739, 739(4), 739(5), 768AA, 768AI, 769AI(3) Federal Court of Australia Act 1976 (Cth) ss 21, 22, 23 Judiciary Act 1903 (Cth) s 39B

Cases cited: Australian Rail, Tram and Bus Industry Union v Transit Systems West Services Pty Ltd [2019] FWC 6767 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v ALS Industrial Australia Pty Ltd (2015) 235 FCR 305 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 Construction, Forestry, Mining and Energy Union v Wagstaff Piling Pty Ltd (2012) 203 FCR 371 Endeavour Energy v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (2016) 244 FCR 178 Transit Systems West Services Pty Ltd v Australian Rail, Tram and Bus Industry Union [2020] FWCFB 4