Glen Cameron Nominees Pty Ltd v Transport Workers' Union of Australia (No 2) [2017] FCA 1515

FEDERAL COURT OF AUSTRALIA

Glen Cameron Nominees Pty Ltd v Transport Workers' Union of Australia (No 2) [2017] FCA 1515 File number: NSD 1340 of 2017

Judge: PERRAM J

Date of judgment: 14 December 2017

Catchwords: INDUSTRIAL LAW – construction of enterprise agreement – dispute over payment entitlement of employees during meal breaks – where clause 21 of agreement conferred automatic right of appeal to Full Bench of Fair Work Commission ('Full Bench') to settle dispute – where Full Bench refused leave to appeal despite parties' submissions that leave was not required – where Full Bench subsequently purported to revoke original decision under s 603 of Fair Work Act 2009 (Cth) ADMINISTRATIVE LAW – whether original Full Bench decision refusing leave is a nullity – consideration of Minister for Immigration v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597 – whether subsequent Full Bench revocation decision effective – whether Court has power to remit matter to differently constituted Full Bench – whether such power, if it exists, should be exercised

Legislation: Fair Work Act 2009 (Cth) ss 603(1), 604, 604(1), 738, 739, 739(3), 739(5) Judiciary Act 1903 (Cth) s 39B(1A)(c)

Cases cited: ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v ALS Industrial Australia Pty Ltd [2015] FCAFC 123; (2015) 235 FCR 305 Comcare v Broadhurst [2011] FCAFC 39 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Endeavour Energy v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2016] FCAFC 82; (2016) 244 FCR 178 Glen Cameron Nominees Pty Ltd v Transport Workers' Union of Australia [2017] FCA 1026 Glen Cameron Nominees Pty Ltd t/a Glen Cameron Trucking v Transport Workers' Union of Australia [2017] FWCFB 2907 Glen Cameron Nominees Pty Ltd t/a Glen Cameron Trucking v Transport Workers' Union of Australia [2017] FWCFB 4636 LNC Industries Ltd v BMW (Australia) Ltd [1983] HCA 31; (1983) 151 CLR 575 Michael Wilson and Partners v Nicholls [2011] HCA 48; (2011) 244 CLR 427 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597 Minister for Immigration and Multicultural Affairs v Wang [2003] HCA 11; (2003) 215 CLR 5 Northern NSW FM Pty Ltd v Australian Broadcasting Tribunal (1990) 26 FCR 39 Re JRL; ex parte CJL [1986] HCA 39; (1986) 161 CLR 342 Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208 Transport Workers' Union of Australia v Glen Cameron Nominees Pty Ltd [2017] FWC 911