BGC Contracting Pty Ltd v The Construction Forestry Mining & Energy Union of Workers (No 2) [2005] FCA 908

BGC Contracting Pty Ltd v The Construction Forestry Mining & Energy Union of Workers (No 2) [2005] FCA 908

The application was in a matter arising under the Workplace Relations Act 1996 (Cth) because the declarations sought depended upon the existence and operation of rights conferred by that Act, specifically regarding AWAs and rights of entry. Therefore, the limitation on awarding costs in s 347 applied and, as the proceedings were not frivolous or vexatious, no order for costs should be made.

Parties
First Applicant: BGC Contracting Pty Ltd; Second Applicant: Shamrock Holdings Pty Ltd T/A Killarnee Formwork; Third Applicant: SNC-Lavalin (SA) Inc; Respondent: Construction, Forestry, Mining and Energy Union of Workers
Jurisdiction
Australia
Judgment Date
01 July 2005
Procedural Posture
Application for Declarations and Costs / Post Trial Costs Determination
Outcome
No order as to costs
Legal Topics
Costs, Federal State Inconsistency, Jurisdiction, Rights of Entry, Constitution S 109
Industrial Law Costs Federal State Inconsistency Jurisdiction Rights of Entry Constitution S 109

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Parties

BGC Contracting Pty Ltd

First Applicant

Shamrock Holdings Pty Ltd T/A Killarnee Formwork

Second Applicant

SNC-Lavalin (SA) Inc

Third Applicant

Construction, Forestry, Mining and Energy Union of Workers

Respondent

Procedural Posture

Application for Declarations and Costs / Post Trial Costs Determination

Legal Issues

  1. 1 Whether proceedings were in a matter arising under the Workplace Relations Act 1996 (Cth) for the purposes of applying s 347 (costs provision)
  2. 2 Whether rights of entry under the Workplace Relations Act 1996 (Cth) are inconsistent with rights under the Industrial Relations Act 1979 (WA)
  3. 3 Whether costs should be awarded

Ratio Decidendi

The application was in a matter arising under the Workplace Relations Act 1996 (Cth) because the declarations sought depended upon the existence and operation of rights conferred by that Act, specifically regarding AWAs and rights of entry. Therefore, the limitation on awarding costs in s 347 applied and, as the proceedings were not frivolous or vexatious, no order for costs should be made.

Court Disposition

No order as to costs

Orders

  • Each party is to bear its own costs of the application.