Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2023] FCA 380

Federal Court of Australia

Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2023] FCA 380 File number: WAD 55 of 2022

Judgment of: COLVIN J

Date of judgment: 27 April 2023

Catchwords: INDUSTRIAL RELATIONS - interlocutory application for summary dismissal - where respondent sought to strike out application on the basis that the Australian Building and Construction Commission had no standing and proceedings could only be commenced by Fair Work Commissioner - order for trial of preliminary issue as to standing - where legislation has been amended to provide for Fair Work Commission to conduct proceedings in place of the Australian Building and Construction Commission - where despite amendment the parties seek a determination of the interlocutory application - consideration of the now repealed s 111(1) of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) - applicant found to have standing - application dismissed

Legislation: Building and Construction Industry (Improving Productivity) Act 2016 (Cth) ss 3, 5, 6, 109, 110, 111, 112 Fair Work Act 2009 (Cth) Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) Schedule 1, Part 3, item 323

Cases cited: Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross [2012] HCA 56; (2012) 248 CLR 378 Deveigne v Askar [2007] NSWCA 45; (2007) 69 NSWLR 327 Minister for Employment and Workplace Relations v Gribbles Radiology Pty Ltd [2005] HCA 9; (2005) 222 CLR 194 Sydney Subdivision Pty Ltd (in liq) v Chow [2023] FCA 8