CFMEU v Newcrest Mining Limited [2005] NSWIRComm 23

Industrial Relations Commission of New South Wales in Court Session

CITATION: CFMEU v Newcrest Mining Limited [2005] NSWIRComm 23

NOTIFIER / RESPONDENT ON THE MOTION Construction Forestry Mining and Energy Union (New South Wales Branch)

RESPONDENT / APPLICANT ON THE MOTION Newcrest Mining Limited PARTIES: INTERVENORS Commonwealth of Australia Attorney General for New South Wales Labor Council of New South Wales

FILE NUMBER(S): IRC 5730 of 2004

CORAM: Walton J Vice-President; Boland J; Staff J

Industrial Dispute - Interlocutory proceedings - Notice of motion - Jurisdiction - Whether Industrial Relations Commission of New South Wales has jurisdiction to deal with the notification of an industrial dispute by a registered organisation of employees pursuant to s 130 of the Industrial Relations Act 1996 in circumstances where the employer named in the notification is a corporation party to a Australian Workplace Agreement approved in accordance with the terms of the Workplace Relations Act 1996 (Cth) - Consideration of Part 1 of Chapter 3 of the Industrial Relations Act 1996 as a valid law of NSW - Consideration of Part VID of the Workplace Relations Act as a valid law of the Commonwealth - Section 51(xx) of the Australian Constitution - Inconsistency of laws - Cover the field test - Direct inconsistency test - Whether corporations power authorises a law that would extinguish the power of a State industrial authority to deal with an industrial dispute - Conditions of employment - Held Commission has jurisdiction in respect of the dispute notification the subject of the proceedings. CATCHWORDS: Jurisdiction - Industrial Dispute - Interlocutory proceedings - Notice of motion - Whether Industrial Relations Commission of New South Wales has jurisdiction to deal with the notification of an industrial dispute by a registered organisation of employees pursuant to s 130 of the Industrial Relations Act 1996 in circumstances where the employer named in the notification is a corporation party to a Australian Workplace Agreement approved in accordance with the terms of the Workplace Relations Act 1996 (Cth) - Consideration of Part 1 of Chapter 3 of the Industrial Relations Act 1996 as a valid law of NSW - Consideration of Part VID of the Workplace Relations Act as a valid law of the Commonwealth - Section 51(xx) of the Australian Constitution - Inconsistency of laws - Cover the field test - Direct inconsistency test - Whether corporations power authorises a law that would extinguish the power of a State industrial authority to deal with an industrial dispute - Conditions of employment - Held Commission has jurisdiction in respect of the dispute notification the subject of the proceedings.