Tristar Steering and Suspension Limited v Industrial Relations Commission of New South Wales [2007] FCAFC 50

Tristar Steering and Suspension Limited v Industrial Relations Commission of New South Wales [2007] FCAFC 50

Section 16 of the Workplace Relations Act 1996 (Cth) demonstrates an express intention for the Commonwealth law to apply to the exclusion of State industrial laws in relation to constitutional corporations and their employees, thereby invalidating the application of s 146(1)(d) of the Industrial Relations Act 1996 (NSW) to constitutional corporations by operation of s 109 of the Constitution; accordingly, the Industrial Relations Commission of New South Wales lacked jurisdiction to inquire into the matters referred by the Minister.

Parties
First Applicant: Tristar Steering and Suspension Australia Limited; Second Applicant: Cheng Hong; First Respondent: Industrial Relations Commission of New South Wales; Second Respondent: NSW Minister for Industrial Relations
Jurisdiction
Australia
Judgment Date
13 April 2007
Procedural Posture
Original Jurisdiction Application / Judgment by Full Court
Outcome
Applicants succeed. Declaration made and permanent injunction granted.
Legal Topics
Section 109 Inconsistency, Exclusion of State Industrial Laws, Jurisdictional Conflict, Federal and State Industrial Relations, Covering the Field, Definition of Employer and Employee
Constitutional Law Industrial Law Administrative Law Section 109 Inconsistency Exclusion of State Industrial Laws Jurisdictional Conflict Federal and State Industrial Relations Covering the Field +1 more

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Parties

Tristar Steering and Suspension Australia Limited

First Applicant

Cheng Hong

Second Applicant

Industrial Relations Commission of New South Wales

First Respondent

NSW Minister for Industrial Relations

Second Respondent

Procedural Posture

Original Jurisdiction Application / Judgment by Full Court

Legal Issues

  1. 1 Whether there is an inconsistency between the Industrial Relations Act 1996 (NSW) and the Workplace Relations Act 1996 (Cth) within the meaning of s 109 of the Constitution
  2. 2 Whether the Industrial Relations Commission of NSW has jurisdiction to inquire into matters concerning constitutional corporations in light of the Workplace Relations Act 1996 (Cth)
  3. 3 Whether s 16 of the Workplace Relations Act 1996 (Cth) excludes the operation of State industrial laws over constitutional corporations

Ratio Decidendi

Section 16 of the Workplace Relations Act 1996 (Cth) demonstrates an express intention for the Commonwealth law to apply to the exclusion of State industrial laws in relation to constitutional corporations and their employees, thereby invalidating the application of s 146(1)(d) of the Industrial Relations Act 1996 (NSW) to constitutional corporations by operation of s 109 of the Constitution; accordingly, the Industrial Relations Commission of New South Wales lacked jurisdiction to inquire into the matters referred by the Minister.

Court Disposition

Applicants succeed. Declaration made and permanent injunction granted.

Orders

  • The Industrial Relations Commission of New South Wales does not have jurisdiction or power under the Industrial Relations Act 1996 (NSW) to inquire into and report on matters referred to it by the NSW Minister for Industrial Relations on 9 February 2007.
  • The Industrial Relations Commission of New South Wales is restrained from proceeding further to inquire into or report on matters referred to it by the NSW Minister for Industrial Relations on 9 February 2007, or from any exercise of jurisdiction under the Industrial Relations Act 1996 (NSW) in connection with such...