Taudevin v Egis Consulting Australia Pty Limited and the Commonwealth (No 1) [2001] NSWIRComm 340

Taudevin v Egis Consulting Australia Pty Limited and the Commonwealth (No 1) [2001] NSWIRComm 340

Section 106 of the Industrial Relations Act 1996 is capable of applying to the Commonwealth, and does not derogate from Commonwealth immunity or privilege, as the conduct in question is not a function peculiar to government. The Commission in Court Session, being a superior court of record, exercises judicial power under s 106 compatible with Chapter III of the Constitution. Both constitutional questions referred are answered in the negative: the Commonwealth is not immune from s 106, and the conferral of power on the Commission is constitutionally valid.

Jurisdiction
Australia
Judgment Date
31 December 2001
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Reference of Constitutional Questions to Full Bench
Outcome
Questions answered in the negative; costs awarded to applicant against Commonwealth; Egis to bear own costs.
Legal Topics
['crown Immunity' 'separation of Powers' 'jurisdiction of State Courts' 'unfair Contracts' 'federal Jurisdiction']
['constitutional Law' 'industrial Law' 'employment Law'] ['crown Immunity' 'separation of Powers' 'jurisdiction of State Courts' 'unfair Contracts' 'federal Jurisdiction']

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Reference of Constitutional Questions to Full Bench

Legal Issues

  1. 1 ['Whether s 106 of the Industrial Relations Act 1996 applies to the Commonwealth' 'Whether s 106 involves exercise of judicial power' 'Separation of powers under Chapter III of the Constitution' 'Immunity of Commonwealth from State law' 'Functions peculiar to government']

Ratio Decidendi

Section 106 of the Industrial Relations Act 1996 is capable of applying to the Commonwealth, and does not derogate from Commonwealth immunity or privilege, as the conduct in question is not a function peculiar to government. The Commission in Court Session, being a superior court of record, exercises judicial power under s 106 compatible with Chapter III of the Constitution. Both constitutional questions referred are answered in the negative: the Commonwealth is not immune from s 106, and the conferral of power on the Commission is constitutionally valid.

Court Disposition

Questions answered in the negative; costs awarded to applicant against Commonwealth; Egis to bear own costs.

Orders

  • ['The first and second constitutional questions referred to the Full Bench are answered in the negative.' "Commonwealth to pay applicant's costs of its motion and the costs of and incidental to the reference to the Full Bench." 'Egis is to bear its own costs.']