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

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

Queensland Rail, despite statutory wording that it 'is not a body corporate', is a corporation within the meaning of s 51(xx) of the Constitution because it is a separate legal entity established by statute, endowed with legal rights, duties, capacity to own property, sue and be sued, and perpetual succession. Queensland Rail is a trading corporation by virtue of its statutory functions (particularly the provision of commercial rail services and labour hire), which are trading purposes and activities, irrespective of whether it trades with related entities or makes a profit. Therefore, the Fair Work Act 2009 (Cth) applies to Queensland Rail, rendering certain state industrial relations...

Parties
Plaintiffs: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia & Ors; First Defendant: Queensland Rail; Second Defendant: Queensland Industrial Relations Commission
Jurisdiction
Australia
Judgment Date
08 April 2015
Procedural Posture
Special Case/original Jurisdiction / Full Court Determination of Questions of Law
Outcome
Questions in special case answered substantially in plaintiffs' favour; matters of relief to be determined by a single Justice; first defendant to pay the costs of the special case.
Legal Topics
Corporations Power, Section 51(xx) of the Constitution, Inconsistency of Laws (s109), Industrial Relations, Definition of 'corporation', Trading Corporations
Constitutional Law Labour Law Corporations Power Section 51(xx) of the Constitution Inconsistency of Laws (s109) Industrial Relations Definition of 'corporation' Trading Corporations

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Parties

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia & Ors

Plaintiffs

Queensland Rail

First Defendant

Queensland Industrial Relations Commission

Second Defendant

Procedural Posture

Special Case/original Jurisdiction / Full Court Determination of Questions of Law

Legal Issues

  1. 1 Whether Queensland Rail is a corporation within the meaning of s 51(xx) of the Commonwealth Constitution
  2. 2 Whether Queensland Rail is a trading corporation within the meaning of s 51(xx)
  3. 3 Whether the Fair Work Act 2009 (Cth) applies to Queensland Rail and its employees by operation of s 109 of the Constitution, to the exclusion of Queensland state industrial legislation

Ratio Decidendi

Queensland Rail, despite statutory wording that it 'is not a body corporate', is a corporation within the meaning of s 51(xx) of the Constitution because it is a separate legal entity established by statute, endowed with legal rights, duties, capacity to own property, sue and be sued, and perpetual succession. Queensland Rail is a trading corporation by virtue of its statutory functions (particularly the provision of commercial rail services and labour hire), which are trading purposes and activities, irrespective of whether it trades with related entities or makes a profit. Therefore, the Fair Work Act 2009 (Cth) applies to Queensland Rail, rendering certain state industrial relations...

Court Disposition

Questions in special case answered substantially in plaintiffs' favour; matters of relief to be determined by a single Justice; first defendant to pay the costs of the special case.

Orders

  • It is unnecessary to answer Question 1 concerning whether Queensland Rail is a corporation within s 51(xx).
  • Question 2: Queensland Rail is a trading corporation within the meaning of s 51(xx) of the Commonwealth Constitution—Answer: Yes.