Linfox Australia Pty Ltd v Transport Workers Union of Australia [2013] FCA 659

Linfox Australia Pty Ltd v Transport Workers Union of Australia [2013] FCA 659

The enterprise agreement expressly adopted a dispute resolution mechanism of private arbitration by the Fair Work Commission, including an agreed appeal to a Full Bench whose decision was binding on the parties. Acting in that private arbitral capacity, the Full Bench had authority to determine finally questions of fact and law, including the construction of the incorporated Federal and State Award provisions. An alleged error in construing those instruments did not make the decision inconsistent with s 739(5) merely because a court might construe the instruments differently. The omission of the words "final and" before "binding" in cl 22.2 did not preserve judicial review. Linfox...

Jurisdiction
Australia
Judgment Date
21 June 2013
Procedural Posture
Application for Declarations and an Order in the Nature of Certiorari Concerning a Full Bench of the Fair Work Commission Decision / Final Hearing; Application Dismissed
Outcome
Application dismissed.
Legal Topics
['enterprise Agreement Dispute Resolution Procedure' 'private Arbitration by the Fair Work Commission' 'judicial Review of Arbitral Decision' 's 739(5) of the Fair Work Act 2009 (cth)' 'crib Breaks and Overtime Rates']
['fair Work' 'industrial Law' 'administrative Law' 'arbitration' 'jurisdiction'] ['enterprise Agreement Dispute Resolution Procedure' 'private Arbitration by the Fair Work Commission' 'judicial Review of Arbitral Decision' 's 739(5) of the Fair Work Act 2009 (cth)' 'crib Breaks and Overtime Rates']

Case Brief

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Procedural Posture

Application for Declarations and an Order in the Nature of Certiorari Concerning a Full Bench of the Fair Work Commission Decision / Final Hearing; Application Dismissed

Legal Issues

  1. 1 ['Whether a Full Bench of the Fair Work Commission acting under the enterprise agreement dispute resolution clause was exercising a private arbitral function whose decision was binding and final between the parties.' 'Whether the omission of the words "final and" before "binding" in cl 22.2 of the enterprise agreement preserved a right of judicial review of the Full Bench decision.' 'Whether the Full Bench made a decision inconsistent with the Fair Work Act 2009 (Cth) or a fair work instrument within s 739(5) by construing crib break provisions as requiring overtime rates.' 'Whether crib breaks under cl 26.2 of the Federal Award and cl 8.2.1 of the State Award were payable at ordinary rates or overtime rates.']

Ratio Decidendi

The enterprise agreement expressly adopted a dispute resolution mechanism of private arbitration by the Fair Work Commission, including an agreed appeal to a Full Bench whose decision was binding on the parties. Acting in that private arbitral capacity, the Full Bench had authority to determine finally questions of fact and law, including the construction of the incorporated Federal and State Award provisions. An alleged error in construing those instruments did not make the decision inconsistent with s 739(5) merely because a court might construe the instruments differently. The omission of the words "final and" before "binding" in cl 22.2 did not preserve judicial review. Linfox...

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' 'The name of the second respondent in the Originating Application filed on 26 November 2012 be changed to Fair Work Commission.']