Comalco Aluminium Ltd v Australian Workers' Union & Anor [1998] FCA 549

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW - demarcation dispute - organisation coverage order - whether order was an "order affecting an award" or an "award" under the Industrial Relations Act - whether Commission's opinion is conclusive of this fact - nature of further order varying award.

Workplace Relations Act 1996 (Cth) s 413 Aluminium Industry (Comalco Aluminium Limited - Weipa) Award 1982 Industrial Relations Act (Cth)1988 ss 118A, 148, 4, 143, 111, 114, 113, 154 Parramatta City Council v Pestell (1972) 128 CLR 305 Appl Foley v Padley (1984) 154 CLR 349 Appl Comalco Aluminium Limited v Australian Workers' Union and Construction, Forestry, Mining and Energy Union No QG 104 of 1997 Kiefel J Brisbane 21 May 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG104 of 1997

BETWEEN: COMALCO ALUMINIUM LIMITED

Applicant

AND: AUSTRALIAN WORKERS' UNION

First Respondent

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

Second Respondent

JUDGE(S): KIEFEL J

DATE OF ORDER: 21 may 1998

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The order made by the Honourable Mr Justice Munro on 25 October 1991 and known as the Comalco Weipa Site Organisation Coverage Order 1991 is an order affecting an award within the meaning of section 143 of the Industrial Relations Act 1988. 2. Each party has liberty to apply in relation to any necessary variation of the terms of the order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG104 of 1997

BETWEEN: COMALCO ALUMINIUM LIMITED

Applicant

AND: AUSTRALIAN WORKERS' UNION

First Respondent

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION