Construction, Forestry, Mining & Energy Union v Comalco Aluminium Ltd & Anor Comalco Aluminium Ltd v Australian Workers Union & Anor [1998] FCA 1536

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW – appeal against decision of primary judge involving interpretation of an "award" – "award" was an order made under s 118A Industrial Relations Act 1988 (Cth) by a Presidential Member of the Australian Industrial Relations Commission – whether period of operation of the order had to be specified – whether the order had continuing legal effect after period specified in the order by operation of s 148 of the Industrial Relations Act 1988 (Cth) – whether that order was "an order affecting an award" for the purposes of s 143 of the Industrial Relations Act 1988 (Cth) – meaning of the term "award" – whether Presidential Member making order had power to limit its period of operation. Industrial Relations Act 1988 (Cth) s 118A, 143, 144, 145, 146, 147, 148 Workplace Relations Act 1996 (Cth) s 413

Re Queensland Alumina Ltd (1991) 42 IR 304, cited Waterside Workers Federation v Commonwealth Steamship Owners Association (1920) 28 CLR 209, cited

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v COMALCO ALUMINIUM LIMITED and AUSTRALIAN WORKERS' UNION

QG 55 of 1998 COMALCO ALUMINIUM LIMITED v AUSTRALIAN WORKERS' UNION and CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION QG 56 of 1998 SPENDER, MOORE AND SUNDBERG JJ 15 DECEMBER 1998 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 55 of 1998

On appeal from a judge of the federal Court of Australia

BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

AppElLant

AND: COMALCO ALUMINIUM LIMITED

First Respondent

AUSTRALIAN WORKERS' UNION

Second Respondent

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 56 of 1998

On appeal from a judge of the federal Court of Australia

BETWEEN: COMALCO ALUMINIUM LIMITED

AppELlant