NSW Trains v Australian Rail, Tram and Bus Industry Union [2021] FCA 883

NSW Trains v Australian Rail, Tram and Bus Industry Union [2021] FCA 883

The Court found that clause 13 of the NSW Trains Enterprise Agreement 2018 continues to operate beyond its nominal expiry date by reason of s 54 of the Fair Work Act. The attempted implementation of the Mariyung Fleet operational features constitutes the making of 'extra claims'. The issues raised had already been determined by the Full Bench of the Fair Work Commission, and further litigation of them would be an abuse of process. Declaratory relief was refused as the questions posed were hypothetical and lacked sufficient utility and certainty.

Jurisdiction
Australia
Judgment Date
03 August 2021
Procedural Posture
Original Application (industrial Dispute) / Judgment After Final Hearing
Outcome
Application dismissed
Legal Topics
['enterprise Agreements' 'no Extra Claims Clauses' 'declaratory Relief' 'res Judicata/abuse of Process' 'interpretation of Industrial Instruments']
['industrial Law' 'employment Law'] ['enterprise Agreements' 'no Extra Claims Clauses' 'declaratory Relief' 'res Judicata/abuse of Process' 'interpretation of Industrial Instruments']

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Procedural Posture

Original Application (industrial Dispute) / Judgment After Final Hearing

Legal Issues

  1. 1 ["Does clause 13 of the NSW Trains Enterprise Agreement 2018 (the 'no extra claims' clause) continue to operate after the nominal expiry date?" "Do the proposed instructions for operation of the Mariyung Fleet constitute 'extra claims'?" 'Is clause 13 invalid due to inconsistency with the Fair Work Act 2009 (Cth)?' 'Should declaratory relief be granted in the circumstances?']

Ratio Decidendi

The Court found that clause 13 of the NSW Trains Enterprise Agreement 2018 continues to operate beyond its nominal expiry date by reason of s 54 of the Fair Work Act. The attempted implementation of the Mariyung Fleet operational features constitutes the making of 'extra claims'. The issues raised had already been determined by the Full Bench of the Fair Work Commission, and further litigation of them would be an abuse of process. Declaratory relief was refused as the questions posed were hypothetical and lacked sufficient utility and certainty.

Court Disposition

Application dismissed

Orders

  • ['The Amended Originating Application filed on 2 June 2021 is dismissed.']