Construction Forestry Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate [2016] HCA 41

Construction Forestry Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate [2016] HCA 41

The High Court dismissed the CFMEU's application because the plaintiff failed to exhaust available rights of appeal to the Full Court of the Federal Court; there was no jurisdictional error by Collier J in refusing leave to withdraw admissions or in imposing penalty, and the matter did not involve exceptional circumstances justifying intervention without appeal. Considerations of procedural fairness, errors in the exercise of jurisdiction, or public interest did not warrant the constitutional writs sought.

Parties
Plaintiff: Construction Forestry Mining and Energy Union; First Defendant: Director of the Fair Work Building Industry Inspectorate; Second Defendant: Anor
Jurisdiction
Australia
Judgment Date
28 October 2016
Procedural Posture
Original Application (constitutional Writs) / Order Dismissing Application for Order to Show Cause
Outcome
application for order to show cause dismissed with no order as to costs
Legal Topics
Constitutional Writs, Jurisdictional Error, Corporate Liability, Withdrawal of Admissions, Appeal Rights, Costs Orders, S 793 Fair Work Act 2009 (cth), S 500 Fair Work Act 2009 (cth)
Administrative Law Practice and Procedure Constitutional Law Employment Law Constitutional Writs Jurisdictional Error Corporate Liability Withdrawal of Admissions +4 more

Case Brief

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Parties

Construction Forestry Mining and Energy Union

Plaintiff

Director of the Fair Work Building Industry Inspectorate

First Defendant

Anor

Second Defendant

Procedural Posture

Original Application (constitutional Writs) / Order Dismissing Application for Order to Show Cause

Legal Issues

  1. 1 Whether decision to refuse leave to withdraw admissions was amenable to appeal or involved jurisdictional error
  2. 2 Whether Collier J's decision was vitiated by jurisdictional error for failing to reach a concluded view about s 793 of the Fair Work Act 2009 (Cth)
  3. 3 Whether the denial of leave involved denial of procedural fairness

Ratio Decidendi

The High Court dismissed the CFMEU's application because the plaintiff failed to exhaust available rights of appeal to the Full Court of the Federal Court; there was no jurisdictional error by Collier J in refusing leave to withdraw admissions or in imposing penalty, and the matter did not involve exceptional circumstances justifying intervention without appeal. Considerations of procedural fairness, errors in the exercise of jurisdiction, or public interest did not warrant the constitutional writs sought.

Court Disposition

application for order to show cause dismissed with no order as to costs

Orders

  • The plaintiff's application for an order to show cause, filed on 12 August 2016, be dismissed, pursuant to r 25.03.3(a) of the High Court Rules 2004 (Cth).
  • No order as to costs.