Construction, Forestry, Mining & Energy Union v Australian Industrial Relations Commission [1999] FCA 847

FEDERAL COURT OF AUSTRALIA Construction, Forestry, Mining & Energy Union v Australian Industrial Relations Commission [1999] FCA 847 INDUSTRIAL LAW – Application for prerogative relief against Australian Industrial Relations Commission – Employer dismissed all production and engineering employees in coal mine – Claim by individual employees that terminations were harsh, unjust or unreasonable – Claim upheld but reinstatement refused - Increase in hands award subsequently made by another Commissioner on application by union – This award quashed by Full Bench as having the same practical effect as a reinstatement order – Whether Full Bench erred in law – Whether error was jurisdictional – Whether s150 of Workplace Relations Act 1996 immunised Full Bench order from review – Whether, as a matter of construction, a successor as mine operator was bound by the increase in hands award – Whether the increase in hands award was inconsistent with an agreement certified by Commission under Part VIB of the Act.

INDUSTRIAL LAW – Certified agreements – Agreement between constitutional corporation and its employees – Agreement made prior to employer taking over operation of the mine – Employees not yet employed in the operation of the single business covered by the agreement – Validity of Commission's certification order – Jurisdiction of Court to declare invalidity. Workplace Relations Act 1996, ss 89A(7), 149, 150, Part VIB Construction Forestry Mining & Energy Union v Comalco Aluminium Limited [1998] FCA 1536 considered Craig v South Australia (1995) 184 CLR 163 discussed Darling Casino Ltd v NSW Casino Central Authority (1997) 191 CLR 602 applied Public Service Association (SA) v Federated Clerks' Union (SA Branch) (1991) 173 CLR 132 applied

N41 of 1999

RE: AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION EX PARTE: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION