Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail [2015] HCA 11

HIGH COURT OF AUSTRALIA

FRENCH CJ, HAYNE, KIEFEL, BELL, GAGELER, KEANE AND NETTLE JJ

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA & ORS PLAINTIFFS

AND

QUEENSLAND RAIL & ANOR DEFENDANTS

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail [2015] HCA 11 8 April 2015 B63/2013

ORDER

The questions asked by the parties in the special case dated 6 August 2014 and referred for consideration by the Full Court be answered as follows:

Question 1

Is the first defendant (Queensland Rail) a corporation within the meaning of s 51(xx) of the Commonwealth Constitution?

Answer

It is unnecessary to answer this question.

Question 2

If so, is Queensland Rail a trading corporation within the meaning of s 51(xx) of the Commonwealth Constitution?

Answer

Yes.

Question 3

If so, does the Fair Work Act 2009 (Cth) apply to Queensland Rail and its employees by the operation of s 109 of the Constitution, to the exclusion of the [Queensland Rail Transit Authority Act 2013 (Q)] or the Industrial Relations Act 1999 (Q) or both?

Answer

Except to say that the Fair Work Act 2009 (Cth) applies to Queensland Rail as a "national system employer" for the purposes of that Act and that

(a) ss 69, 72 and 73 of the Queensland Rail Transit Authority Act 2013 (Q) and

(b) ss 691A-691D of the Industrial Relations Act 1999 (Q)

are to that extent inconsistent with the Fair Work Act 2009 (Cth) and invalid in so far as they apply to Queensland Rail or its employees or the QR Passenger Pty Limited Traincrew Union Collective Workplace Agreement 2009 and Queensland Rail Rollingstock and Operations Enterprise Agreement 2011, it is not necessary to answer this question.

Question 4

What relief, if any, are the plaintiffs entitled to?