FEDERAL COURT OF AUSTRALIA
Australian Workers’ Union v Leighton Contractors Pty Limited [2013] FCAFC 4
Citation: Australian Workers’ Union v Leighton Contractors Pty Limited [2013] FCAFC 4 Parties: THE AUSTRALIAN WORKERS' UNION v LEIGHTON CONTRACTORS PTY LIMITED, BECHTEL AUSTRALIA PTY LIMITED, AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION KNOWN AS THE AUSTRALIAN MANUFACTURING WORKERS' UNION (AMWU) (188V), COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and FAIR WORK AUSTRALIA File number: QUD 178 of 2012 Judges: DOWSETT, MCKERRACHER and KATZMANN JJ Date of judgment: 29 January 2013 Catchwords: INDUSTRIAL LAW – Enterprise agreements – greenfields agreements ‑ approval by Fair Work Australia (“FWA”) – a trade union that was not a party to the agreements applied to the Full Bench of FWA for permission to appeal against FWA decision to approve agreements arguing that agreements were signed on behalf of one union by an officer who lacked authority under the union’s rules – Full Bench of FWA denied permission to appeal – whether agreements were made within meaning of the Fair Work Act 2009 (Cth) – proper construction of union’s rules – indoor management rule – application of s 793 of the Fair Work Act – ratification by conduct
ADMINISTRATIVE LAW – Application for constitutional writs against Full Bench of FWA – Full Bench of FWA denied permission to appeal – whether any jurisdictional error in doing so
Legislation: Fair Work Act 2009 (Cth) ss 12, 171, 172, 182(3), 186, 604, 793
Fair Work (Registered Organisations) Act 2009 (Cth) ss 27, 141
Workplace Relations Act 1996 (Cth) ss 349, 826Explanatory Memorandum, Fair Work Bill 2008 (Cth)
Cases cited: Alexander Ward & Co Ltd v Samyang Navigation Co Ltd [1975] 1 WLR 673
Amalgamated Society of Engineers v Smith (1913) 16 CLR 537
Australian Capital Television Pty Ltd v Minister for Transport and Communications (1989) 86 ALR 119
Calvin v Carr [1980] AC 574
Coal and Allied Operations Pty Limited v Australian Industrial Relations Commission (2000) 203 CLR 194
Commissioner of Taxation v Futuris Corporation Limited (2008) 237 CLR 146
Conquo v Jackson [2009] FCA 45
Crabtree-Vickers Pty Ltd v Australian Direct Mail Advertising & Addressing Co Pty Ltd (1975) 133 CLR 72
Freeman & Lockyer (A Firm) v Buckhurst Park Properties (Magnal) Ltd [1964] 2 QB 480
Hanley v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2000) 100 FCR 530
J Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers – Western Australian Branch (1992) 111 ALR 502
K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 157 CLR 309
Kucks v CSR Ltd (1996) 66 IR 182
Morris v Kanssen [1945] AC 459
Re Construction, Forestry Mining Energy Union, Ex parte WJ Deane & Sons Pty Limited (1994) 181 CLR 539
Royal British Bank v Turquand (1856) 6 E1 & B1 327; 119 ER 886
Scott v Bagshaw (1999) 92 FCR 424
Trade Practices Commission v…
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- Case
- [2013] FCAFC 4
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether the agreements were made within the meaning of the Fair Work Act 2009 (Cth), and whether there was any jurisdictional error in the Full Bench's decision to deny the AWU permission to appeal. The court considered the proper construction of the union's rules, the indoor management rule, and section 793 of the Fair Work Act. The court also considered whether the agreements were ratified by the conduct of the parties, and whether the AWU's objection to the agreements was raised within a reasonable time.
The court found that the agreements were made within the meaning of the Fair Work Act, and that the Full Bench did not make any jurisdictional error in denying the AWU permission to appeal. The court held that the indoor management rule applied, and that the agreements were ratified by the conduct of the parties. The court also found that the AWU's objection to the agreements was raised within a reasonable time. The court held that the AWU's application for review should be dismissed, and that any application for costs should be made in writing within seven days, supported by written submissions, and any party opposing such an application should respond in writing within seven days of receipt of those submissions.
Orders
Orders of the court
1. The application be dismissed.
2. Any party wishing to apply for costs make application in writing within seven days, supported by written submissions, and any party opposing such an application respond in writing within seven days of receipt of those submissions.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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