Port Kembla Coal Terminal Ltd v Industrial Court of New South Wales [2009] NSWCA 70

New South Wales Court of Appeal

CITATION: Port Kembla Coal Terminal Ltd v Industrial Court of New South Wales [2009] NSWCA 70 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 3 December 2008

JUDGMENT DATE: 3 April 2009

JUDGMENT OF: Spigelman CJ at 1; Beazley JA at 103; Handley AJA at 104

DECISION: The summons is dismissed with costs.

CATCHWORDS: CONSTITUTIONAL LAW - operation and effect of the Commonwealth Constitution - inconsistency of laws (Constitution, s 109) - Workplace Relations Amendment (Work Choices) Act 2005 (Cth) s 16 - to what extent Commonwealth law covers the field - CONSTITUTIONAL LAW - operation and effect of the Commonwealth Constitution - inconsistency of laws (Constitution, s 109) - direct inconsistency - effect of temporal distinction in application of Commonwealth and State laws - INDUSTRIAL LAW - the Commonwealth - scope and interpretation of Workplace Relations Amendment (Work Choices) Act 2005 (Cth) - application in respect of claims arising under State law prior to commencement date - INDUSTRIAL LAW - New South Wales - interpretation and jurisdiction - application of Industrial Relations Act 1996 s 106 - effect of Workplace Relations Amendment (Work Choices) Act 2005 (Cth) - INDUSTRIAL LAW - New South Wales - Industrial Court - jurisdiction under Industrial Relations Act 1996 s 106 - claims arising prior to Workplace Relations Amendment (Work Choices) Act 2005 (Cth) - STATUTORY INTERPRETATION - acts of parliament - interpretation - Workplace Relations Amendment (Work Choices) Act 2005 (Cth) s 16

Acts Interpretation Act 1901 (Cth) Industrial Relations Act 1996 LEGISLATION CITED: Supreme Court Act 1970 Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Workplace Relations Regulations 2006 (Cth)