Australian Education Union v Department of Training & Employment [2002] FCA 1149

Australian Education Union v Department of Training & Employment [2002] FCA 1149

The proceedings were in a matter arising under the Workplace Relations Act 1996 (Cth) because the declarations obtained by the applicant depended on the continuance of rights and obligations created by the prior certified agreement and on the continuing paramount operation of that agreement and s 152 of the Act, which by s 109 of the Constitution prevented valid registration of the proposed State agreements. Section 347 therefore applied to preclude a costs order in favour of the successful applicant, and there was no basis identified that the proceedings had been instituted vexatiously or without reasonable cause.

Jurisdiction
Australia
Judgment Date
16 September 2002
Procedural Posture
Industrial Law Costs Motion / Motion for Costs of the Action Determined on Written Submissions After Declarations Had Been Made
Outcome
The applicant's motion for costs was dismissed and there was no order as to costs.
Legal Topics
['recoverability of Costs in Proceedings Arising Under the Workplace Relations Act 1996 (cth)' 'certified Agreements' 'state Workplace Agreements' 'federal Court Jurisdiction Under the Workplace Relations Act 1996 (cth) and Judiciary Act 1903 (cth)']
['industrial Law' 'costs' 'federal Jurisdiction'] ['recoverability of Costs in Proceedings Arising Under the Workplace Relations Act 1996 (cth)' 'certified Agreements' 'state Workplace Agreements' 'federal Court Jurisdiction Under the Workplace Relations Act 1996 (cth) and Judiciary Act 1903 (cth)']

Case Brief

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 Law Costs Motion / Motion for Costs of the Action Determined on Written Submissions After Declarations Had Been Made

Legal Issues

  1. 1 ["Whether the applicant's successful proceedings for declarations were proceedings in a matter arising under the Workplace Relations Act 1996 (Cth) for the purposes of s 347." "Whether s 347 of the Workplace Relations Act 1996 (Cth) precluded an order that the respondents pay the applicant's costs."]

Ratio Decidendi

The proceedings were in a matter arising under the Workplace Relations Act 1996 (Cth) because the declarations obtained by the applicant depended on the continuance of rights and obligations created by the prior certified agreement and on the continuing paramount operation of that agreement and s 152 of the Act, which by s 109 of the Constitution prevented valid registration of the proposed State agreements. Section 347 therefore applied to preclude a costs order in favour of the successful applicant, and there was no basis identified that the proceedings had been instituted vexatiously or without reasonable cause.

Court Disposition

The applicant's motion for costs was dismissed and there was no order as to costs.

Orders

  • ["The applicant's motion for costs is dismissed." 'The parties are to bear their own costs of the motion.']