BGC Contracting Pty Ltd v The Construction Forestry Mining & Energy Union of Workers (No 2) [2005] FCA 908

FEDERAL COURT OF AUSTRALIA

BGC Contracting Pty Ltd v The Construction Forestry Mining &

Energy Union of Workers (No 2) [2005] FCA 908 COSTS – action for declaration that rights of entry under Federal law inconsistent with rights of entry under State law – reliance upon s 109 of the Constitution – whether matter arising under the Workplace Relations Act 1996 (Cth) – declarations sought dependent upon the existence and scope of rights of entry under the Workplace Relations Act – matter arising under the Workplace Relations Act - costs provision of Workplace Relations Act applicable – no order as to costs made INDUSTRIAL LAW – proceedings alleging inconsistency between rights of entry under Workplace Relations Act 1996 (Cth) and Industrial Relations Act 1979 (WA) – whether proceedings in a matter arising under the Workplace Relations Act – whether costs provision of Workplace Relations Act applicable WORDS AND PHRASES - 'matter arising under this Act' Industrial Relations Act 1979 (WA) Workplace Relations Act 1996 (Cth) s 347, s 471(2), s 412, s 422 Federal Court of Australia Act 1976 (Cth) s 19, s 24, s 21, s 23, s 43 Judiciary Act 1903 (Cth) s 39B Collins v Charles Marshall Pty Ltd (1955) 92 CLR 529 cited Hume v Palmer (1926) 38 CLR 441 cited Ex parte McLean (1930) 43 CLR 472 cited AMS v AIF (1999) 199 CLR 160 cited Croome v Tasmania (1997) 191 CLR 119 cited Felton v Mulligan (1971) 124 CLR 367 cited LNC Industries Ltd v BMW (Australia) Ltd (1983) 151 CLR 575 cited Re McJannet; Ex parte The Australian Workers' Union of Employees, Queensland (No 2) (1997) 189 CLR 654 cited Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (2001) 203 CLR 645 cited Re Commonwealth; Ex parte Marks (2000) 75 ALJR 470 cited Quickenden v O'Connor (2001) 109 FCR 243 cited Australian Education Union v Department of Training and Employment and Others (2002) 121 FCR 71 cited Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd (2000) 200 CLR 591 cited Transport Workers' Union of Australia v Lee (1998) 84 FCR 60 cited Hooper v Kirella Pty Ltd (2000) 96 FCR 1 cited R v Commonwealth Board of Conciliation and Arbitration; Ex parte Barrett (1945) 70 CLR 141 cited Moorgate Tobacco Co Ltd v Philip Morris Ltd (1979) 145 CLR 457 cited Re Polities; Ex parte The Hoyts Corporation Pty Limited (1991) 173 CLR 78 cited Wynes, WA Legislative Executive and Judicial Powers in Australia LBC 5th Edition (1976) Cowen and Zines, Federal Jurisdiction in Australia 3rd Edition (2002) BGC CONTRACTING PTY LTD, SHAMROCK HOLDINGS PTY LTD and SNC-LAVALIN (SA) LTD v THE CONSTRUCTION FORESTRY MINING & ENERGY UNION OF WORKERS WAD38 OF 2004 FRENCH J 1 JULY 2005 PERTH