Australian Education Union v Department of Training & Employment [1999] FCA 1858

FEDERAL COURT OF AUSTRALIA

Australian Education Union v Department of Training & Employment

[1999] FCA 1858

INDUSTRIAL LAW – certified agreement – made under Industrial Relations Act 1988 – expiry of nominal term – whether continued in operation – effect of Workplace Relations and Other Legislation Amendment Act 1996 – whether certified agreement as continued post-amendment prevails over inconsistent State awards – whether new or old paramountcy provision operates in respect of pre-amendment certified agreement – effect on proposed registration of inconsistent workplace agreements under Workplace Agreements Act 1993 (WA).

Industrial Relations Act 1988 (Cwth) s 148, s 152, s 170MI

Vocational Education and Training Act 1996 (WA)

Workplace Relations Act 1996 s 152

Industrial Relations Reform Act 1993

Conciliation and Arbitration Act 1904

Workplace Relations and Other Legislation Amendment Act 1996 s 3, s 2, Schedule 8 Item 23, Schedule 11 Item 88

Workplace Agreements Act 1993 (WA)

Acts Interpretation Act 1901 (Cth) s 8

CFMEU v Mount Thornley Operations (1997) 76 IR 364 cited

Metal Trades Industry Association of Australia v Amalgamated Metal Workers Union (1983) 152 CLR 632 cited

Collins v Charles Marshall Pty Ltd (1955) 92 CLR 529 cited

T A Robinson & Sons Pty Ltd v Haylor (1957) 97 CLR 177 cited

Ansett Transport Industries (Operations) Pty Ltd v Wardley (1980) 142 CLR 237 cited

R v Credit Tribunal; Ex parte General Motors Acceptance Corporation (1997) 137 CLR 545 cited

State of Victoria v Commonwealth (1996) 187 CLR 416 cited

Clyde Engineering Co Ltd v Cowburn (1926) 37 CLR 466 cited

Ex parte McLean (1930) 43 CLR 472 cited

Beaumont v Yeomans (1934) 34 SR(NSW) 562 cited

Bird v John Sharpe & Sons Pty Ltd (1942) 66 CLR 233 followed

Ku-ring-gai Municipal Council v Attorney-General (NSW) (1957) 99 CLR 251 followed