Civil Air Operations Officers Association of Australia v Airservices Australia [2020] FCA 1665

FEDERAL COURT OF AUSTRALIA

Civil Air Operations Officers Association of Australia v Airservices Australia [2020] FCA 1665 File number: VID 628 of 2019

Judgment of: MURPHY J

Date of judgment: 17 November 2020

Catchwords: INDUSTRIAL LAW – interlocutory application under r 13.01 Federal Court Rules 2011 (Cth) to set aside originating application for want of jurisdiction – where a dispute as to the construction and application of those clauses of the enterprise agreement was earlier arbitrated by the Fair Work Commission – where originating application seeks declarations of contravention of s 50 of the Fair Work Act 2009 (Cth) in relation to failures to comply with clauses of an enterprise agreement found by the Fair Work Commission and the imposition of civil penalties in relation to such failures to comply – the legal consequences of the arbitral award – whether the justiciable controversy between the parties has been extinguished by the award and as a result there is no "matter" – whether notifying a dispute to the Fair Work Commission involves a choice between that and an alternative or inconsistent course of pursuing a remedy in a court of competent jurisdiction – interlocutory application dismissed

Legislation: Fair Work Act 2009 (Cth) ss 3(e), 50, 185, 186, 539, 545, 546, 562, 595, 604, 724-734, 738(b), 739 Federal Court of Australia Act 1976 (Cth) ss 19(1), 21 Industrial Relations Act 1988 (Cth) s 170MH Federal Court Rules 2011 (Cth) r 13.01

Cases cited: Acohs Pty Ltd v Ucorp Pty Ltd [2012] FCAFC 16; (2012) 201 FCR 173 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v ALS Industrial Australia Pty Ltd (2015) 235 FCR 305 Bray v F Hoffman-La Roche Ltd [2002] FCA 243; (2002) 118 FCR 1 Civil Air Operations Officers' Association of Australia v Airservices Australia [2019] FWC 2136 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 258 CLR 482 Commonwealth v Verwayen [1990] HCA 39; (1990) 170 CLR 394 Construction, Forestry, Mining and Energy Union v The Australian Industrial Relations Commission [2001] HCA 16; (2001) 203 CLR 645 Dobbs v National Bank of Australasia Ltd [1935] HCA 49; (1935) 53 CLR 643 Duggan v Metropolitan Fire and Emergency Services Board [2017] FCAFC 112; (2017) 251 FCR 1 Energy Australia Yallourn Pty Ltd v Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union [2018] FCAFC 146; (2018) 363 ALR 60 Energy Australia Yallourn Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2017] FCA 1245 Federated Engine-Drivers and Firemen's Association of Australasia v Broken Hill Pty Co Limited (1911) 12 CLR 398 Khatri v Price [1999] FCA 1289; (1999) 95 FCR 287 Letang v Cooper [1965] 1 QB 232 Mandurah Enterprises Pty Ltd v Western Australian Planning Commission [2008] WASCA 211; (2008) 38 WAR 276 Palmer v Ayres [2017] HCA 5; (2017) 259 CLR 478 Prados v Chief Commissioner of Police for the State of Victoria [2018] FCCA 3274 Re Wakim [1999] HCA 27; (1999) 198 CLR 511 TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5; (2014) 251 CLR 533 Zhang v Zemin (2010) 79 NSWLR 513