Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Colliery Staff Association v Queensland Mines Rescue Service
[1999] FCA 395 INDUSTRIAL LAW - appeal against decision of Industrial Magistrate - whether promotion and transfer or a new contract of employment - whether place/location of employment was a term of employment - whether transfer of locality was a term of employment - meaning of "reduction of hands" for the Coal Mining Industry (Permanent Mines Rescue Staff) Award 1991 - discussion of distinction between employment relationship and the contract of employment. MINING LAW - consideration of the legislative history of the Coal Mining Act in particular coal mining rescue services. WORDS AND PHRASES - "reduction of hands".
Coal Mining Industry (Permanent Mines Rescue Staff) Award 1991 Queensland cl 25 Workplace Relations Act 1996 (Cth) Coal Mining Act 1925 (Qld) s 76 Coal Legislation Amendment Act 1997 (Qld) Jones v Associated Tunnelling Co Ltd [1981] IRLR 477 cited, distinguished O'Brien v Associated Fire Alarms Ltd [1968] 1 WLR 1916 cited Byrne v Australian Airlines Ltd (1995) 185 CLR 410 followed Codelfa Constructions Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 327 cited BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 cited Gunton v Richmond upon Thames London Borough Council [1981] 1 Ch 448 cited
AUSTRALIAN COLLIERY STAFF ASSOCIATION v QUEENSLAND MINES RESCUE SERVICE
QG102 OF 1998
COOPER J BRISBANE 9 APRIL 1999
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG102 OF 1998
BETWEEN: AUSTRALIAN COLLIERY STAFF ASSOCIATION
Applicant
AND: QUEENSLAND MINES RESCUE SERVICE
Respondent
JUDGE: COOPER J
DATE OF ORDER: 9 APRIL 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The order of the Industrial Magistrate at Ipswich made on the 21 August 1998 dismissing the complaint of the Australian Colliery Staff Association be set aside. 2. The matter be remitted to the Industrial Magistrate at Ipswich for hearing in accordance with law and these reasons. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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