Australian Mines and Metals Association Inc v Construction, Forestry, Maritime, Mining and Energy Union [2018] FCAFC 223

The phrase 'other than civil proceedings' in s 73(2)(c) of the Fair Work (Registered Organisations) Act 2009 (Cth) excludes only criminal proceedings, not civil penalty proceedings; therefore, civil penalty proceedings do not bar the Commission from fixing an amalgamation day. The Full Bench's construction is correct and does not constitute jurisdictional error.

Jurisdiction: Australia
Judgment Date: 14 December 2018
Procedural Posture: Judicial Review Application / Final Judgment
Outcome: Application dismissed
Legal Topics: ['statutory Construction' 'union Amalgamations' 'judicial Review' 'civil Penalty Proceedings' 'amalgamation Process Under Fair Work (registered Organisations) Act']

['employment & Industrial Relations' 'industrial Law' 'administrative Law'] ['statutory Construction' 'union Amalgamations' 'judicial Review' 'civil Penalty Proceedings' 'amalgamation Process Under Fair Work (registered Organisations) Act']

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Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

1 ["Whether 'other than civil proceedings' in s 73(2)(c) of the Fair Work (Registered Organisations) Act 2009 (Cth) excludes civil penalty proceedings so as to bar union amalgamation; Whether Deputy President's decision is amenable to judicial review after appeal decision by Full Bench; Whether any error in construction constitutes jurisdictional error"]

Ratio Decidendi

Court Disposition

Application dismissed

Orders

['The originating application dated 20 July 2018 be dismissed.' 'There be no order as to costs.']