BGC Contracting Pty Ltd v The Construction Forestry Mining & Energy Union of Workers [2004] FCA 981

BGC Contracting Pty Ltd v The Construction Forestry Mining & Energy Union of Workers [2004] FCA 981

The Federal and State rights of entry operated with respect to different repositories, purposes and subject matters: the Federal Act conferred rights on Federal registered organisations and authorised officers for Federal awards, agreements and AWA compliance, while the State Act conferred rights on authorised representatives of State-registered organisations for State Act purposes. The Workplace Relations Act 1996 (Cth) did not evince an intention to cover the field of all entry onto premises where employees, including AWA employees, worked. The State Act did not authorise investigation of AWA compliance or compel employees to participate in discussions, and any discussions by AWA...

Jurisdiction
Australia
Judgment Date
29 July 2004
Procedural Posture
Application for Declaratory and Injunctive Relief Concerning Rights of Entry and Alleged Inconsistency Between Federal and State Industrial Laws / Final Judgment After Interlocutory Injunctions
Outcome
Application dismissed.
Legal Topics
['registered Organisations' 'australian Workplace Agreements' 'rights of Entry' 'inconsistency Between Commonwealth and State Laws' 'section 109 of the Constitution' 'federal Jurisdiction']
['industrial Law' 'constitutional Law'] ['registered Organisations' 'australian Workplace Agreements' 'rights of Entry' 'inconsistency Between Commonwealth and State Laws' 'section 109 of the Constitution' 'federal Jurisdiction']

Case Brief

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Procedural Posture

Application for Declaratory and Injunctive Relief Concerning Rights of Entry and Alleged Inconsistency Between Federal and State Industrial Laws / Final Judgment After Interlocutory Injunctions

Legal Issues

  1. 1 ['Whether authorised representatives of a State-registered union had rights of entry under Div 2G of Pt II of the Industrial Relations Act 1979 (WA) to hold discussions with relevant employees who were parties to Australian Workplace Agreements under the Workplace Relations Act 1996 (Cth).' 'Whether authorised representatives of a State-registered union had rights of entry under s 49I of the Industrial Relations Act 1979 (WA) to investigate suspected breaches of State laws, awards or agreements in relation to employees who were parties to Australian Workplace Agreements.' 'Whether Div 2G of Pt II of the Industrial Relations Act 1979 (WA) was directly or indirectly inconsistent with the Workplace Relations Act 1996 (Cth) and invalid to the extent of inconsistency under s 109 of the Constitution.' 'Whether s 170VR of the Workplace Relations Act 1996 (Cth) rendered the State right of entry provisions inapplicable or invalid in relation to employees covered by Australian Workplace Agreements.' 'Whether there was a justiciable controversy between BGC Contracting Pty Ltd and the respondent sufficient to support federal jurisdiction.']

Ratio Decidendi

The Federal and State rights of entry operated with respect to different repositories, purposes and subject matters: the Federal Act conferred rights on Federal registered organisations and authorised officers for Federal awards, agreements and AWA compliance, while the State Act conferred rights on authorised representatives of State-registered organisations for State Act purposes. The Workplace Relations Act 1996 (Cth) did not evince an intention to cover the field of all entry onto premises where employees, including AWA employees, worked. The State Act did not authorise investigation of AWA compliance or compel employees to participate in discussions, and any discussions by AWA...

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' 'The parties are to file written submissions on the costs of the application within 14 days.']