Mt Thorley Operations Pty Ltd v Burgess [2001] FCA 117

FEDERAL COURT OF AUSTRALIA

Mt Thorley Operations Pty Ltd v Burgess [2001] FCA 117 INDUSTRIAL LAW - inconsistency between state and federal law – whether orders sought under s 106 of Industrial Relations Act 1996 (NSW) inconsistent with a certified agreement made pursuant to Commonwealth legislation– whether s 152 of the Workplace Relations Act 1996 (Cth) has application to an industrial agreement certified under the Industrial Relations Act 1988 (Cth) – whether s 152 of the Workplace Relations Act 1996 (Cth) has application to orders not yet made PRACTICE AND PROCEDURE – declaratory orders – whether question of inconsistency hypothetical - where inconsistency arises from orders sought rather than orders issued Judiciary Act 1903 (Cth) s 39B(1A)(c) Workplace Relations Act 1996 (Cth) ss 152, 153, 170LZ and 412 Industrial Relations Act 1996 (NSW) s 106 Burgess v Mount Thorley Operations Pty Ltd (No 2) (1999) 100 IR 260 referred to Gordonstone Coal Management Pty Ltd v Australian Industrial Relations Commission (1999) 93 FCR 153 referred to Telstra Corporation Limited v MacBean (2000) 98 IR 10 referred to Australian Education Union v Department of Training and Employment (1999) 94 IR 386 referred to University of New South Wales v Moorhouse (1975) 131 CLR 1 referred to Commissioner of Taxation v De Vonk (1995) 61 FCR 564 referred to Telstra Corporation Ltd v Worthing (1999) 197 CLR 61 referred to Australian Broadcasting Commission v Industrial Court of South Australia (1998) 138 CLR 399 referred to Bass v Permanent Trustees Co Ltd (1999) 198 CLR 334 referred to

MT THORLEY OPERATIONS PTY LTD (ACN 000 013 249) v MICHAEL JOHN BURGESS, RAYMOND GORDON WILLS, MARVYN SMITH, RODNEY WILLIAM JONES, GEOFFREY IAN BRIGHT, CHARLES ANTHONY MITCHELL, BARRY FONG, LESLIE JAMES IRVINE, WILLIAM ROBERT HOYE, FREDERICK GEORGE VEIGEL, MICHAEL BRUCE SAMPSON, ROSS ALLEN BROWN,MICHAEL MATTHEW PHILLIPS, JOHN DOUGLAS CUDDIGAN N 777 OF 2000