Curragh Queensland Mining Ltd v Construction, Forestry, Mining & Energy Union & Ors [1997] FCA 1281

Curragh Queensland Mining Ltd v Construction, Forestry, Mining & Energy Union & Ors [1997] FCA 1281

Clause 24, both before and after the 24 August 1995 amendment to the Award, did not restrict operation to union members and did not require or permit employer conduct contrary to legislative prohibitions against dismissal based on union membership; the extension of coverage was a valid exercise of power; extrinsic materials could not override the clear words of the Award.

Jurisdiction
Australia
Judgment Date
25 November 1997
Procedural Posture
Application for Declaratory Relief / Judgment
Outcome
Application dismissed
Legal Topics
['award Interpretation' 'jurisdiction of Federal Court in Industrial Disputes' 'seniority Clauses in Redundancy' 'coverage of Industrial Awards' 'prohibited Grounds for Dismissal' 'use of Extrinsic Material in Award Construction']
['industrial Law'] ['award Interpretation' 'jurisdiction of Federal Court in Industrial Disputes' 'seniority Clauses in Redundancy' 'coverage of Industrial Awards' 'prohibited Grounds for Dismissal' 'use of Extrinsic Material in Award Construction']

Case Brief

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Procedural Posture

Application for Declaratory Relief / Judgment

Legal Issues

  1. 1 ['Whether clause 24 of the Award applied only to union members or to all employees' "Whether the 'last to come first to go' seniority clause was invalid because it required or permitted dismissal on the ground of union membership" 'Whether the variation to the Award extending coverage beyond union members was a valid exercise of arbitral power']

Ratio Decidendi

Clause 24, both before and after the 24 August 1995 amendment to the Award, did not restrict operation to union members and did not require or permit employer conduct contrary to legislative prohibitions against dismissal based on union membership; the extension of coverage was a valid exercise of power; extrinsic materials could not override the clear words of the Award.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.']