Construction Forestry Mining & Energy Union v Warren [1999] FCA 312

FEDERAL COURT OF AUSTRALIA

Construction Forestry Mining & Energy Union v Warren [1999] FCA 312 INDUSTRIAL LAW – appeal against decision of Industrial Magistrate – whether Industrial Magistrate erred in holding that the Industrial Magistrate's Court of Western Australia did not have jurisdiction under s 178 of the Workplace Relations Act 1996 (Cth) to hear appellant's complaint about breaches of a federal award by respondent – whether Industrial Magistrate erred in determining that s 178 of the Workplace Relations Act 1996 (Cth) did not operate of itself as an effective conferral of jurisdiction to hear appellant's complaint Constitution: s 77(iii) Workplace Relations Act 1996 (Cth): s 4, s 177A, s 178, s 422(1), Industrial Relations Act 1979 (WA): s 81(1), s 81(2), s 81B(1), s 81B(2) Stipendiary Magistrates Act 1957 (WA): s 3, s 7 Transport Workers Union of Australia, WA Branch v Cosmelia Holdings Pty Ltd t/a Kalgoorlie Fuel Company (1995) 75 WAIG 2944 impliedly disapproved Western Newspapers Pty Ltd v Warren (1994) 56 IR 340 cited Re Finlayson; Ex parte Finlayson (1997) 72 ALJR 73 cited

CONSTRUCTION FORESTRY MINING AND ENERGY UNION v ALLEN WARREN TRADING AS AUSSIE CHERRYPICKER HIRE WG 105 OF 1998 BLACK CJ, CARR & MERKEL JJ PERTH 4 MARCH 1999 IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WG 105 OF 1998

BETWEEN: Construction Forestry Mining and Energy Union

Appellant

AND: Allen Warren Trading As Aussie Cherrypicker Hire

Respondent

JUDGE: Black CJ, Carr & Merkel JJ

DATE OF ORDER: 4 MARCH 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the Industrial Magistrate given on 16 July 1998 be set aside. 3. The matter be remitted to the Industrial Magistrate's Court for hearing and determination according to law. 4. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules IN THE FEDERAL COURT OF AUSTRALIA