Energy Australia Yallourn Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2017] FCA 1245

FEDERAL COURT OF AUSTRALIA

Energy Australia Yallourn Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2017] FCA 1245 File number: VID 201 of 2017

Judge: BROMBERG J

Date of judgment: 23 October 2017

Catchwords: INDUSTRIAL LAW – interlocutory application contesting the jurisdiction of the Court to make a declaration as to the meaning of a clause of an Enterprise Agreement ("the EA") – where a dispute as to the interpretation of the clause was arbitrated by the Fair Work Commission ("FWC") – whether the justiciable controversy between the parties has been extinguished by the arbitration and, as a result, the Court lacks jurisdiction – where an arbitration by the FWC pursuant to the EA and the Fair Work Act 2009 (Cth) is a private arbitration – whether by the terms of the EA the FWC had jurisdiction to conduct the arbitration – whether by the terms of the EA a union party was authorised to initiate and participate in the arbitration in its own capacity as party principal – whether the union initiated the arbitration on behalf of relevantly aggrieved employees – whether the applicant is estopped from asserting that the FWC had no jurisdiction – whether the applicant's Originating Application is an abuse of process – Originating Application stayed. PRACTICE AND PROCEDURE – interlocutory application under r 13.01 of the Federal Court Rules 2011 (Cth) to have the applicant's Originating Application set aside – whether compliance with r 13.01(3) should be dispensed with – whether the applicant's Originating Application is an abuse of process as an attempt to re-litigate the dispute resolved by private arbitration. ESTOPPEL – by conduct – where the applicant by its conduct represented that the factual conditions giving jurisdiction to the FWC were satisfied – whether the applicant is estopped from asserting facts inconsistent with the representation made.