CFMEU v Newcrest Mining Limited [2005] NSWIRComm 129

CFMEU v Newcrest Mining Limited [2005] NSWIRComm 129

Although CFMEU had succeeded on the jurisdictional motion, costs should not be awarded because the jurisdictional issue was intimately connected with the Commission's industrial jurisdiction, the matter came before the Commission in Court Session because of the nature of the issue and the declaratory relief sought, and the motion raised a substantial question of wider public importance about the Commission's powers in light of Part VID of the Workplace Relations Act 1996 (Cth) and s 109 of the Constitution.

Jurisdiction
Australia
Judgment Date
06 May 2005
Procedural Posture
Costs in Industrial Dispute Proceedings Following a Jurisdictional Motion / After the Full Bench of the Commission in Court Session Dismissed Newcrest Mining Limited's Motion Challenging Jurisdiction; Determination of Cfmeu's Application for Costs
Outcome
Parties to bear their own costs of the proceedings.
Legal Topics
['industrial Dispute Jurisdiction' 'australian Workplace Agreements' 'commission in Court Session' 'discretion to Award Costs' 'public Interest Costs Considerations' 's 109 of the Constitution']
['industrial Relations' 'costs' 'jurisdiction' 'constitutional Law'] ['industrial Dispute Jurisdiction' 'australian Workplace Agreements' 'commission in Court Session' 'discretion to Award Costs' 'public Interest Costs Considerations' 's 109 of the Constitution']

Case Brief

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Procedural Posture

Costs in Industrial Dispute Proceedings Following a Jurisdictional Motion / After the Full Bench of the Commission in Court Session Dismissed Newcrest Mining Limited's Motion Challenging Jurisdiction; Determination of Cfmeu's Application for Costs

Legal Issues

  1. 1 ["Whether the Court should exercise its discretion under s 181 of the Industrial Relations Act 1996 to award CFMEU its costs of Newcrest Mining Limited's jurisdictional motion." "Whether the jurisdictional issue was sufficiently connected with the Commission's industrial jurisdiction to make a costs order inappropriate." 'Whether the substantial and public importance of the jurisdictional issue affected the exercise of the costs discretion.']

Ratio Decidendi

Although CFMEU had succeeded on the jurisdictional motion, costs should not be awarded because the jurisdictional issue was intimately connected with the Commission's industrial jurisdiction, the matter came before the Commission in Court Session because of the nature of the issue and the declaratory relief sought, and the motion raised a substantial question of wider public importance about the Commission's powers in light of Part VID of the Workplace Relations Act 1996 (Cth) and s 109 of the Constitution.

Court Disposition

Parties to bear their own costs of the proceedings.

Orders

  • ['The parties bear their own costs of the proceedings.']