CFMEU v Newcrest Mining Limited [2005] NSWIRComm 23

CFMEU v Newcrest Mining Limited [2005] NSWIRComm 23

Pt VID of the Workplace Relations Act 1996 (Cth), including ss 170VQ and 170VR, did not evince an intention to cover the field so as to extinguish the Commission's jurisdiction under Pt 1 of Ch 3 of the Industrial Relations Act 1996 (NSW) to deal with an industrial dispute notified by the CFMEU. Section 170VQ...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 February 2005
Procedural Posture
Industrial Dispute; Interlocutory Notice of Motion Challenging Jurisdiction / Full Bench of the Industrial Relations Commission of New South Wales in Court Session on Respondent's Notice of Motion
Outcome
Newcrest's notice of motion was dismissed; the Commission held it had power to deal with the CFMEU's industrial dispute notification filed on 5 November 2004.
Legal Topics
['jurisdiction of the Industrial Relations Commission of New South Wales' 'notification of Industrial Dispute' 'australian Workplace Agreements' 'section 109 Inconsistency' 'corporations Power' 'cover the Field Test' 'direct Inconsistency Test' 'conciliation and Arbitration']
['industrial Relations' 'constitutional Law'] ['jurisdiction of the Industrial Relations Commission of New South Wales' 'notification of Industrial Dispute' 'australian Workplace Agreements' 'section 109 Inconsistency' 'corporations Power' 'cover the Field Test' 'direct Inconsistency Test' 'conciliation and Arbitration']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Industrial Dispute; Interlocutory Notice of Motion Challenging Jurisdiction / Full Bench of the Industrial Relations Commission of New South Wales in Court Session on Respondent's Notice of Motion

Legal Issues

  1. 1 ["Whether the Industrial Relations Commission of New South Wales had jurisdiction to deal with the CFMEU's notification of an industrial dispute under s 130 of the Industrial Relations Act 1996 (NSW) where Newcrest was a constitutional corporation party to an Australian Workplace Agreement under the Workplace Relations Act 1996 (Cth)." 'Whether Pt VID of the Workplace Relations Act 1996 (Cth) evinced an intention to cover the field so as to exclude Pt 1 of Ch 3 of the Industrial Relations Act 1996 (NSW).' 'Whether Pt 1 of Ch 3 of the Industrial Relations Act 1996 (NSW) was directly inconsistent with the Workplace Relations Act 1996 (Cth), including s 170VG and s 170VT, for the purposes of s 109 of the Constitution.' 'Whether the corporations power authorises a Commonwealth law extinguishing the power of a State industrial authority to deal with an industrial dispute by conciliation and arbitration because an AWA exists.']

Ratio Decidendi

Pt VID of the Workplace Relations Act 1996 (Cth), including ss 170VQ and 170VR, did not evince an intention to cover the field so as to extinguish the Commission's jurisdiction under Pt 1 of Ch 3 of the Industrial Relations Act 1996 (NSW) to deal with an industrial dispute notified by the CFMEU. Section 170VQ operates only to exclude a State award or agreement from applying to the employee's employment during the AWA's operation, and s 170VR is limited to inconsistent conditions of employment specified in State law; Pt 1 of Ch 3 is a procedural law for notification, conciliation and arbitration of industrial disputes, not a condition of employment. No direct inconsistency arose when the...

Court Disposition

Newcrest's notice of motion was dismissed; the Commission held it had power to deal with the CFMEU's industrial dispute notification filed on 5 November 2004.

Orders

  • ["The respondent's notice of motion is dismissed."]