Construction, Forestry, Mining & Energy Union v Honourable Senior Deputy President Harrison [2009] FCAFC 110

Construction, Forestry, Mining & Energy Union v Honourable Senior Deputy President Harrison [2009] FCAFC 110

The Commission had jurisdiction under reg 2.4 of the Workplace Relations Regulations 2006 (Cth) to make orders of exclusive representation rights for transitionally registered associations. The requirement for a prior State Representation Order 'of a similar kind' and for the new order to be 'to the same effect' was satisfied even if the federal order would bind parties (such as federally-registered organisations) not affected by the original State order. The legislative scheme required giving effect to State demarcation arrangements in the federal system to facilitate transition.

Parties
Plaintiff: Construction, Forestry, Mining and Energy Union; First Defendant: The Honourable Senior Deputy President Harrison, a member of the Australian Industrial Relations Commission; Second Defendant: Mount Isa Mines Limited; Third Defendant: The Australian Workers' Union of Employees, Queensland; Fourth Defendant: The Australian Workers' Union; Fifth Defendant: The Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland; Sixth Defendant: The Automotive, Metals, Engineering, Printing and Kindred Industries Union; Seventh Defendant: The Federated Engine Drivers' and Firemen's Association of Queensland, Union of Employees; First Defendant (qud 89 of 2008): The Honourable Senior Deputy President Lacy, a member of the Australian Industrial Relations Commission; Second Defendant (qud 89 of 2008): Dalrymple Bay Coal Terminal Pty Limited; Eighth Defendant (qud 89 of 2008): The Transport Workers' Union of Australia; Ninth Defendant (qud 89 of 2008): The Electrical Trade Union of Employees, Queensland; Tenth Defendant (qud 89 of 2008): The Construction, Forestry, Mining and Energy Union of Employees, Queensland; Eleventh Defendant (qud 89 of 2008): The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Jurisdiction
Australia
Judgment Date
31 August 2009
Procedural Posture
Application for Constitutional Writs / Judgment on Remitted Application to Federal Court From the High Court
Outcome
Applications for constitutional writs dismissed
Legal Topics
Exclusive Representation Rights, State to Federal Registration Transition, Jurisdiction of Industrial Relations Commission, Interpretation of Reg 2.4 Workplace Relations Regulations
Industrial Law Exclusive Representation Rights State to Federal Registration Transition Jurisdiction of Industrial Relations Commission Interpretation of Reg 2.4 Workplace Relations Regulations

Case Brief

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Parties

Construction, Forestry, Mining and Energy Union

Plaintiff

The Honourable Senior Deputy President Harrison, a member of the Australian Industrial Relations Commission

First Defendant

Mount Isa Mines Limited

Second Defendant

The Australian Workers' Union of Employees, Queensland

Third Defendant

The Australian Workers' Union

Fourth Defendant

The Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland

Fifth Defendant

The Automotive, Metals, Engineering, Printing and Kindred Industries Union

Sixth Defendant

The Federated Engine Drivers' and Firemen's Association of Queensland, Union of Employees

Seventh Defendant

The Honourable Senior Deputy President Lacy, a member of the Australian Industrial Relations Commission

First Defendant (qud 89 of 2008)

Dalrymple Bay Coal Terminal Pty Limited

Second Defendant (qud 89 of 2008)

The Transport Workers' Union of Australia

Eighth Defendant (qud 89 of 2008)

The Electrical Trade Union of Employees, Queensland

Ninth Defendant (qud 89 of 2008)

The Construction, Forestry, Mining and Energy Union of Employees, Queensland

Tenth Defendant (qud 89 of 2008)

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

Eleventh Defendant (qud 89 of 2008)

Procedural Posture

Application for Constitutional Writs / Judgment on Remitted Application to Federal Court From the High Court

Legal Issues

  1. 1 Whether the Commission had jurisdiction under reg 2.4 of the Workplace Relations Regulations 2006 (Cth) to make exclusive representation rights orders
  2. 2 Whether there was a State Representation Order of a similar kind as required by reg 2.4(1)(b)(ii)
  3. 3 Whether the orders granted were to the same effect as the State Representation Order under reg 2.4(2)

Ratio Decidendi

The Commission had jurisdiction under reg 2.4 of the Workplace Relations Regulations 2006 (Cth) to make orders of exclusive representation rights for transitionally registered associations. The requirement for a prior State Representation Order 'of a similar kind' and for the new order to be 'to the same effect' was satisfied even if the federal order would bind parties (such as federally-registered organisations) not affected by the original State order. The legislative scheme required giving effect to State demarcation arrangements in the federal system to facilitate transition.

Court Disposition

Applications for constitutional writs dismissed

Orders

  • The Amended Application for an Order to Show Cause seeking writs of prohibition, mandamus and certiorari, filed in the High Court of Australia on 25 January 2008, is dismissed.
  • The Application for an Order to Show Cause seeking writs of prohibition, mandamus, and certiorari, filed in the High Court of Australia on 8 February 2008, is dismissed.