Australian Education Union v Department of Training & Employment [1999] FCA 1858

Australian Education Union v Department of Training & Employment [1999] FCA 1858

The 1996 certified agreement continued in operation after its nominal expiry by virtue of the pre-amendment s 170MI read with s 8 of the Acts Interpretation Act 1901 (Cth), notwithstanding repeal of s 170MI. The pre-amendment paramountcy effect of s 152 also continued in relation to that pre-amendment certified agreement. Because the proposed Western Australian collective workplace agreements were inconsistent with the continuing certified agreement, they could not validly be registered so as to enter into force under the Workplace Agreements Act 1993 (WA) while the certified agreement continued in force.

Jurisdiction
Australia
Judgment Date
24 December 1999
Procedural Posture
Application for Declaratory and Other Relief Pursuant to S 413 a of the Workplace Relations Act 1996 and S 39 B(1 A)(c) of the Judiciary Act 1903 (cth) / Final Judgment and Declarations
Outcome
Declarations made substantially in favour of the applicant.
Legal Topics
['certified Agreements' 'transitional Provisions' 'paramountcy Over Inconsistent State Laws and Agreements' 'workplace Agreements' 'tafe Lecturers']
['industrial Law' 'employment Law' 'constitutional Law'] ['certified Agreements' 'transitional Provisions' 'paramountcy Over Inconsistent State Laws and Agreements' 'workplace Agreements' 'tafe Lecturers']

Case Brief

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Procedural Posture

Application for Declaratory and Other Relief Pursuant to S 413 a of the Workplace Relations Act 1996 and S 39 B(1 A)(c) of the Judiciary Act 1903 (cth) / Final Judgment and Declarations

Legal Issues

  1. 1 ['Whether the Lecturers (Public Sector, Technical and Further Education) Certified Agreement 1996 continued in operation after its nominal expiry and after the 1996 amendments to the Industrial Relations Act 1988.' 'Whether the pre-amendment form of s 152 continued to govern the relationship between pre-amendment certified agreements and State awards or State employment agreements.' 'Whether the proposed Western Australian collective workplace agreements were inconsistent with the 1996 certified agreement and could validly be registered under Part 2A of the Workplace Agreements Act 1993 (WA).' 'Whether cl 3 of the 1996 certified agreement excluded any form of agreement other than a replacement certified agreement.']

Ratio Decidendi

The 1996 certified agreement continued in operation after its nominal expiry by virtue of the pre-amendment s 170MI read with s 8 of the Acts Interpretation Act 1901 (Cth), notwithstanding repeal of s 170MI. The pre-amendment paramountcy effect of s 152 also continued in relation to that pre-amendment certified agreement. Because the proposed Western Australian collective workplace agreements were inconsistent with the continuing certified agreement, they could not validly be registered so as to enter into force under the Workplace Agreements Act 1993 (WA) while the certified agreement continued in force.

Court Disposition

Declarations made substantially in favour of the applicant.

Orders

  • ['It is hereby declared that notwithstanding the nominal expiry of the certified agreement known as the Lecturers (Public Sector, Technical and Further Education) Certified Agreement 1996, its terms and conditions continue in force unless and until replaced by a new certified agreement or otherwise terminated...