Australian Rail Track Corporation Limited v Australian Rail, Tram and Bus Industry Union [2024] FCAFC 170

Federal Court of Australia Australian Rail Track Corporation Limited v Australian Rail, Tram and Bus Industry Union [2024] FCAFC 170 Review of:

File number:

Judgment of: COLLIER, KATZMANN AND SNADEN JJ

Date of judgment: 20 December 2024

Catchwords: INDUSTRIAL LAW – where parties were bargaining representatives for a proposed enterprise agreement and a majority of employees voted in support of agreement and Fair Work Commission approved agreement over objections of some bargaining representatives, whether Fair Work Commission has jurisdiction to make an industrial action workplace determination – meaning and operation of s 266(1)(c) of Fair Work Act 2009 (Cth)

Acts Interpretation Act 1901 (Cth) s 15AA Fair Work Act 2009 (Cth) ss 3, 171, 182, 183, 235, 258, 266(1), 267, 278(1A), 408, 423, 424, 501 Legislation: Industrial Relations Act 1988 (Cth) s 115 Industrial Relations Reform Act 1993 (Cth) Div 4, Pt VIB Workplace Relations Amendment (Work Choices) Act 2005 (Cth) ss 430, 500, 502, 503

Carr v Western Australia (2007) 232 CLR 138 Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503 Gedeon v Commissioner of the New South Wales Crime Commission (2008) 236 CLR 120 Cases cited: Legal Services Board v Gillespie-Jones (2013) 249 CLR 493 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 R v A2 (2019) 249 CLR 507 R v Connell; Ex parte The Hetton Bellbird Collieries Ltd (1944) 69 CLR 407 Hutton, J "Satisfaction as a Jurisdictional Fact" in Williams, N (ed), "Key Issues in Judicial Review" (Federation Press, 2014) 50