Federal Court of Australia
Federal Court of Australia
NSW Trains v Australian Rail, Tram and Bus Industry Union [2021] FCA 883 File number: NSD 427 of 2021
Judgment of: FLICK J
Date of judgment: 3 August 2021
Catchwords: INDUSTRIAL LAW – enterprise agreement – continued operation after nominal expiry date – whether clause with operation "during the life of the agreement" refers to the nominal expiry date – or whether that clause continues to operate after nominal expiry INDUSTRIAL LAW – power of employer to give instructions – the making of extra claims PRACTICE AND PROCEDURE – attempt to re-litigate dispute resolved by Fair Work Commission – whether abuse of process PRACTICE AND PROCEDURE – declaratory relief – resolution of hypothetical questions – declaratory relief hypothetical both by reason of uncertainty as to regulatory framework and factual uncertainty – whether utility – form of declarations sought – relief refused
Legislation: Constitution ss 51, 109, 122 Conciliation and Arbitration Act 1904 (Cth) s 4 Fair Work Act 2009 (Cth) Pt 2-4, ss 19, 26, 27, 29, 52, 54, 223, 224, 225, 226, 227, 253 Federal Court of Australia Act 1976 (Cth) s 21 Rail Safety National Law (NSW) ss 3, 12, 13, 14, 62, 64 Rail Safety (Adoption of National Law) Act 2012 (NSW) Transport Administration Act 1988 (NSW) s 37 Work Health and Safety Act 2011 (NSW) ss 5, 7, 14, 17, 19, 20, 21, 28, 47, 50, 51, 60, 68, 85, 90, 272
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