Cleveland Freightlines Pty Ltd v Transport Workers Union of Australia, Kenneth W Lawson and Gary Sydney Jones [1995] IRCA 110

CATCHWORDS Industrial Law - conciliation and arbitration - validity of an award - proceedings taken under s.179 to recover wages in another court of competent jurisdiction - whether Industrial Relations Court of Australia has jurisdiction to consider and determine direct attack on validity on constitutional grounds and to declare the award invalid. Australian Constitution, ss 51(xxxv), 75(v) Conciliation and Arbitration Act 1904 (Cth), ss 4, 60, 98, 118A, 119 Industrial Relations Act 1988 (Cth), s 4, 150, 179, 412, 417 Industrial Relations Reform Act 1993 (Cth) Industrial and Employee Relations Act 1994 (SA), ss 8, 14 Judiciary Act 1903 (Cth), s 44 Transport Workers' (Interstate Drivers) Award 1988 The Queen v Coldham; Ex parte Australian Workers Union (1983) 153 CLR 415 O'Toole v Charles David Pty Ltd (1991) 171 CLR 232 Matter No. SI 268 of 1994 CLEVELAND FREIGHTLINES PTY LTD v TRANSPORT WORKERS UNION OF AUSTRALIA, KENNETH W LAWSON and GARY SYDNEY JONES VON DOUSSA J ADELAIDE 10 MARCH 1995

IN THE INDUSTRIAL RELATIONS COURT ) ) OF AUSTRALIA ) No. SI 268 of 1994 ) SOUTH AUSTRALIAN DISTRICT REGISTRY ) BETWEEN: CLEVELAND FREIGHTLINES PTY LTD Applicant AND: TRANSPORT WORKERS UNION OF AUSTRALIA First Respondent KENNETH W LAWSON Second Respondent GARY SYDNEY JONES Third Respondent MINUTES OF ORDER JUDGE MAKING ORDER : VON DOUSSA J. WHERE MADE : ADELAIDE DATE OF ORDER : 10 MARCH 1995 THE COURT ORDERS THAT: 1. There be an order in terms of paragraph 1 of the notice of motion dated 2 February 1995 issued by the third respondent dismissing the application herein. 2. The applicant pay the third respondent's costs of the proceedings in this Court. 3. As between the applicant and the first and second respondents there be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.