Construction, Forestry, Mining & Energy Union v Gordonstone Coal Management Pty Ltd [1998] FCA 1610

Construction, Forestry, Mining & Energy Union v Gordonstone Coal Management Pty Ltd [1998] FCA 1610

The Document issued by the Coal Industry Tribunal does not constitute an award, order, or enforceable agreement under the relevant legislative provisions, as it lacks the requisite intention to bind and sufficient certainty of terms to be enforceable; consequently, it cannot be interpreted or enforced as an award within the meaning of ss 178 and 413 of the Workplace Relations Act 1996 (Cth).

Jurisdiction
Australia
Judgment Date
17 December 1998
Procedural Posture
Industrial Law Application / Judgment on Separate Question Prior to Trial
Outcome
Proceeding dismissed; question answered in the negative.
Legal Topics
['nature of Awards Under Workplace Relations Act 1996' "interpretation of 'award'" 'australian Industrial Tribunal Jurisdiction']
['industrial Law' 'employment Law'] ['nature of Awards Under Workplace Relations Act 1996' "interpretation of 'award'" 'australian Industrial Tribunal Jurisdiction']

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Procedural Posture

Industrial Law Application / Judgment on Separate Question Prior to Trial

Legal Issues

  1. 1 ['Whether a document issued by the Coal Industry Tribunal is an award within the meaning of ss 178 and 413 of the Workplace Relations Act 1996 (Cth)']

Ratio Decidendi

The Document issued by the Coal Industry Tribunal does not constitute an award, order, or enforceable agreement under the relevant legislative provisions, as it lacks the requisite intention to bind and sufficient certainty of terms to be enforceable; consequently, it cannot be interpreted or enforced as an award within the meaning of ss 178 and 413 of the Workplace Relations Act 1996 (Cth).

Court Disposition

Proceeding dismissed; question answered in the negative.

Orders

  • ["The question whether the document referred to in paragraph 9 of the Amended Statement of Claim as the 'CIT Instrument' is an award within the meaning of ss 178 and 413 of the Workplace Relations Act 1996 (Cth) be answered, No." 'The proceeding be dismissed.']