Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Linfox Australia Pty Ltd v Transport Workers Union of Australia [2013] FCA 659 Citation: Linfox Australia Pty Ltd v Transport Workers Union of Australia [2013] FCA 659
Parties: LINFOX AUSTRALIA PTY LTD v TRANSPORT WORKERS' UNION OF AUSTRALIA and FAIR WORK AUSTRALIA
File number: NSD 1918 of 2012
Judge: RARES J
Date of judgment: 21 June 2013
Catchwords: JURISDICTION – where enterprise agreement provided expressly for private arbitration and appeal – meaning of agreement that arbitrator's decision on appeal be "binding" – whether any right to judicial review of decision given by a Full Bench of Fair Work Commission as private arbitrator in an appeal – whether absence of "final and" allowed right of judicial review of private arbitration decision – whether Full Bench of Fair Work Commission had made a decision contrary to s 739(5) of the Fair Work Act 2009 (Cth) thereby giving the Federal Court jurisdiction to grant constitutional writ relief Held: enterprise agreement expressly adopted dispute resolution mechanism of private arbitration with a specific right of appeal, the decision in which was to be final. Consequently, Full Bench, acting as a private arbitrator, had power to decide finally questions of fact and law.
Legislation: Judiciary Act 1903 (Cth) s 39B Fair Work Act 2009 (Cth) ss 186(6), 562, 563, 595, 607, 737, 738(b), 739, 740 Federal Court of Australia Act 1976 (Cth) ss 21, 22 and 23
Cases cited: Commissioner of Taxation v Unit Trend Services Pty Ltd (2013) 297 ALR 190 applied Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (2001) 203 CLR 645 applied Construction, Forestry, Mining and Energy Union v Wagstaff Piling Pty Ltd (2012) 203 FCR 371 applied Duncans Holdings Limited v Cross (1997) 76 IR 261 referred to Goode v Bechtel (1904) 2 CLR 121 applied TCL Air Conditioner (Zhongshan) Co Ltd v Judges of the Federal Court of Australia (2013) 295 ALR 596 applied
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