Jemena Asset Management Pty Ltd v Coinvest Limited [2009] FCAFC 176

Jemena Asset Management Pty Ltd v Coinvest Limited [2009] FCAFC 176

The State Act and the scheme administered by it do not alter, impair or detract from the operation of the federal industrial instruments; nor do they enter a field that federal law covers exclusively or exhaustively. Both regimes can coexist harmoniously, their purposes and structures being distinct. Accordingly, there is no s 109 inconsistency and the appeal fails.

Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['section 109 Inconsistency' 'interaction of State and Federal Industrial Instruments' 'long Service Leave Entitlements']
['constitutional Law' 'industrial Law' 'employment Law'] ['section 109 Inconsistency' 'interaction of State and Federal Industrial Instruments' 'long Service Leave Entitlements']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Is there an inconsistency, within s 109 of the Constitution, between the federal industrial instruments regulating long service leave and the Construction Industry Long Service Leave Act 1997 (Vic)?' "Do the federal industrial instruments 'cover the field' in relation to long service leave?" 'Do the State Act and its scheme alter, impair, or detract from the operation of the federal instruments?']

Ratio Decidendi

The State Act and the scheme administered by it do not alter, impair or detract from the operation of the federal industrial instruments; nor do they enter a field that federal law covers exclusively or exhaustively. Both regimes can coexist harmoniously, their purposes and structures being distinct. Accordingly, there is no s 109 inconsistency and the appeal fails.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellants pay the respondent's costs of the appeal, to be taxed in default of agreement."]