Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smith v Zinifex Australia Limited [2008] FCA 532
INDUSTRIAL LAW – power of workplace inspectors appointed under post-Work Choices legislation to bring proceedings under pre-Work Choices regime – whether regulation granting power to bring proceedings must be read down – whether regulation granting power to bring proceedings prospective only
Federal Court Rules O 29 r 2 Legislative Instruments Act 2003 (Cth) ss 12, 13 Workplace Relations Act 1996 (Cth) (as at 20 September 2005) ss 4(1), 83BB(1), 84(4), 170 VV, 170WG Workplace Relations Regulations 1996 (Cth) reg 9 Workplace Relations Act 1996 (Cth) (as at 28 March 2008) s 846, Sch 7 cl 17 Workplace Relations Regulations 2006 (Cth) reg 2.14 Workplace Relations Amendment (Work Choices) Act 2005 (Cth) British Amusement Catering Trades Association v Westminster City Council [1989] AC 147 cited Elazac Pty Ltd v Commissioner of Patents (1994) 53 FCR 86 cited Government of Canada v Aronson [1990] 1 AC 579 cited Hanlon v The Law Society [1981] AC 124 cited Morton v The Union Steamship Company of New Zealand Limited (1951) 83 CLR 402 distinguished Rodway v The Queen (1990) 169 CLR 515 distinguished Thorn EMI Pty Ltd v Commissioner of Taxation (1987) 13 FCR 491 cited RAYMOND MURRAY SMITH (OFFICE OF WORKPLACE OMBUDSMAN) v ZINIFEX AUSTRALIA LIMITED AND MARK BRENDAN EMMETT
TAD 46 of 2007
HEEREY J
24 APRIL 2008
HOBART
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TAD 46 of 2007
BETWEEN: RAYMOND MURRAY SMITH (OFFICE OF WORKPLACE OMBUDSMAN)
Applicant
AND: ZINIFEX AUSTRALIA LIMITED
First Respondent
MARK BRENDAN EMMETT
Second Respondent
JUDGE: HEEREY J
DATE OF ORDER: 24 APRIL 2008
WHERE MADE: HOBART
THE COURT ORDERS THAT:
1. Answer the question: Was the Applicant empowered to make this Application (being the Application dated 6 December 2007, supported by Statement of Claim dated 6 December 2007)? Yes. 2. The proceeding is adjourned for further directions on a date to be fixed. 3. Costs are reserved.
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