Federal Court of Australia
Federal Court of Australia Construction, Forestry, Maritime, Mining and Energy Union v DuluxGroup (Australia) Pty Ltd [2022] FCAFC 101 Review of: Application by Construction, Forestry, Maritime, Mining and Energy Union [2021] FWC 3786 Construction, Forestry, Maritime, Mining and Energy Union v DuluxGroup (Australia) Pty Ltd t/a DuluxGroup [2021] FWCFB 6020
File number: QUD 382 of 2021
Judgment of: COLLIER, BROMWICH AND LEE JJ
Date of judgment: 9 June 2022
Catchwords: INDUSTRIAL LAW – application for judicial review – writs of certiorari and mandamus sought – where Full Bench confirmed a decision of a Deputy President of the Fair Work Commission determining the CFMMEU did not have standing to make an application for a bargaining order under s 229 of the Fair Work Act 2009 (Cth) – where CFMMEU not entitled under the Rules of the CFMMEU (Rules) to represent the industrial interests of a particular Dulux employee – where applicant alleged Full Bench had fallen into jurisdictional error in finding the CFMMEU was not entitled to represent the industrial interest of a particular Dulux employee – jurisdictional fact as to whether a valid application for a bargaining order existed – consideration as to whether employee was a forklift driver – construction of CFMMEU's Rules
Legislation: Fair Work Act 2009 (Cth) Div 8, subdiv A; ss 176, 177, 228, 229, 229(1), 229(4), 230, 230(1), 230(2), 230(3), 230(4), 604, 607(3)
Cases cited: Application by Construction, Forestry, Maritime, Mining and Energy Union [2021] FWC 3786 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2016] FCAFC 169; (2016) 247 FCR 138 Construction, Forestry, Maritime, Mining and Energy Union v DuluxGroup (Australia) Pty Ltd t/a DuluxGroup [2021] FWCFB 6020 Construction, Forestry, Mining and Energy Union v CSBP Limited [2012] FCAFC 48; (2012) 212 IR 206 Federated Engine Drivers and Firemen's Union WA v Mt Newman Mining Co Pty Ltd (1977) 57 WAIG 794 R v Gough; Ex parte Municipal Offıcers' Association Australia (1975) 133 CLR 59 R v Watson; Ex parte Australian Workers' Union (1972) 128 CLR 77 R v Williams; Ex parte Australian Building Construction Employees' and Builders Labourers' Federation (1982) 153 CLR 402 Timbarra Protection Coalition Inc v Ross Mining NL [1999] NSWCA 8; (1999) 46 NSWLR 55
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