Australian Industry Group v Fair Work Australia [2012] FCAFC 108

Australian Industry Group v Fair Work Australia [2012] FCAFC 108

None of the impugned clauses in the agreement (cl 4.3(b)(v), 15.2(k), 16.6(b), 16.6(d)) require or permit unlawful conduct as defined by the Fair Work Act 2009 (Cth) or other statutes cited. There was no jurisdictional error by Fair Work Australia. Accordingly, grounds for judicial review fail.

Parties
Applicant: Australian Industry Group; First Respondent: Fair Work Australia; Second Respondent: ADJ Contracting Pty Ltd (ACN 006 778 507); Third Respondent: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Fourth Respondent: National Electrical and Communications Association; Fifth Respondent: Australian Council of Trade Unions; Sixth Respondent: Australian Mines and Metals Association Inc; Seventh Respondent: Construction, Forestry, Mining and Energy Union
Jurisdiction
Australia
Judgment Date
14 August 2012
Procedural Posture
Application for Judicial Review / Full Court Review of Fair Work Australia Decision
Outcome
Application dismissed
Legal Topics
Enterprise Agreements, Judicial Review, Jurisdictional Error, Unlawful Terms in Agreements, General Protections, Right of Entry, Union Inducement, Competition and Consumer Act Compliance
Industrial Law Enterprise Agreements Judicial Review Jurisdictional Error Unlawful Terms in Agreements General Protections Right of Entry Union Inducement +1 more

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 3 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Australian Industry Group

Applicant

Fair Work Australia

First Respondent

ADJ Contracting Pty Ltd (ACN 006 778 507)

Second Respondent

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Third Respondent

National Electrical and Communications Association

Fourth Respondent

Australian Council of Trade Unions

Fifth Respondent

Australian Mines and Metals Association Inc

Sixth Respondent

Construction, Forestry, Mining and Energy Union

Seventh Respondent

Procedural Posture

Application for Judicial Review / Full Court Review of Fair Work Australia Decision

Legal Issues

  1. 1 Whether clause 4.3(b)(v) of the Agreement is an unlawful term due to requiring contravention of general protection provisions of the Fair Work Act 2009 (Cth)
  2. 2 Whether compliance with clause 4.3(b)(v) would result in pecuniary penalties under the Competition and Consumer Act 2010 (Cth) or Building and Construction Industry Improvement Act 2005 (Cth)
  3. 3 Whether clause 15.2(k) of the Agreement is an unlawful term concerning union right of entry

Ratio Decidendi

None of the impugned clauses in the agreement (cl 4.3(b)(v), 15.2(k), 16.6(b), 16.6(d)) require or permit unlawful conduct as defined by the Fair Work Act 2009 (Cth) or other statutes cited. There was no jurisdictional error by Fair Work Australia. Accordingly, grounds for judicial review fail.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The applicant file submissions on costs within 14 days.