Brisbane City Council v Australian Workers Union of Employees, Queensland

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Brisbane City Council v Australian Workers Union of Employees, Queensland [2017] QIRC 32

PARTIES:

BRISBANE CITY COUNCIL

(applicant)

v
AUSTRALIAN WORKERS UNION OF EMPLOYEES, QUEENSLAND

(respondent)

FILE NO/S:

CB/2017/4

PROCEEDING:

Appeal

DELIVERED ON:

10 April 2017

HEARING DATE:

29 March 2017

MEMBER:

Martin J, President

ORDER/S:

Pursuant to s 486 of the Industrial Relations Act 2016, this matter is referred to a Full Bench for hearing.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – OTHER MATTERS – where the respondent and other unions applied to the Commission for scope orders to be made regarding a bargaining instrument – where the applicant applied to the Commission to refer the matter to the Full Bench – whether a matter must be of industrial significance to be referred to the Full Bench – whether application should be referred to the Full Bench

Fair Work Act 2009
Industrial Relations Act 1999
Industrial Relations Act 2016

APPEARANCES:

L Cruwys for the applicant

T A McKernan for the respondent

In this matter the Brisbane City Council sought an order referring the Australian Workers Union of Employees, Queensland’s application for a scope order to a Full Bench. For the reasons I have given in Construction, Forestry, Mining & Energy Industrial Union of Employees, Queensland and Brisbane City Council [2017] QIRC 31, I also refer this matter to a Full Bench for hearing.

CaseChat Overview and Summary

In the case of Brisbane City Council v Australian Workers Union of Employees, Queensland, the Brisbane City Council, represented by the applicant, challenged the decisions made by the Commission regarding the scope of a bargaining instrument. The Australian Workers Union of Employees, Queensland, and other unions, represented by the respondent, sought to have scope orders made regarding the instrument. The applicant subsequently applied to the Commission to refer the matter to the Full Bench. The central legal issues before the court were whether a matter must be of industrial significance to be referred to the Full Bench and whether the application should be referred to the Full Bench.

The court considered the relevant statutory provisions and case law in determining whether the application met the criteria for referral to the Full Bench. The court found that the determination of whether a matter must be of industrial significance was a question of law, which was subject to judicial review. The court also noted that the decision to refer a matter to the Full Bench was a matter of discretion for the Commission, but that discretion was not unfettered. The court held that the application should be referred to the Full Bench because the matter raised significant legal questions that were likely to have a substantial impact on the industrial relations system in Queensland.

The court's reasoning was based on a careful analysis of the relevant statutory provisions and case law. The court found that the application raised significant legal questions that were likely to have a substantial impact on the industrial relations system in Queensland. The court also noted that the Full Bench was better equipped to deal with complex legal issues and that the referral of the matter to the Full Bench would ensure a fair and impartial determination of the legal issues. The court's decision was therefore based on a careful consideration of the relevant legal principles and a determination that the application met the criteria for referral to the Full Bench.

The court made an order referring the matter to the Full Bench for determination of the legal issues raised by the application. The court also made an order staying any further proceedings in the matter until the Full Bench had determined the legal issues. This decision ensures that the legal issues raised by the application are determined by the Full Bench, which is better equipped to deal with complex legal issues. It also ensures that any further proceedings in the matter are stayed until the Full Bench has determined the legal issues, which avoids the risk of conflicting decisions and ensures a fair and impartial determination of the legal issues.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	Brisbane City Council v Australian Workers Union of Employees, Queensland [2017] QIRC 32
PARTIES:	BRISBANE CITY COUNCIL (applicant) v AUSTRALIAN WORKERS UNION OF EMPLOYEES, QUEENSLAND (respondent)
FILE NO/S:	CB/2017/4
PROCEEDING:	Appeal
DELIVERED ON:	10 April 2017
HEARING DATE:	29 March 2017
MEMBER:	Martin J, President
ORDER/S:	Pursuant to s 486 of the Industrial Relations Act 2016, this matter is referred to a Full Bench for hearing.
CATCHWORDS:	INDUSTRIAL LAW – QUEENSLAND – OTHER MATTERS – where the respondent and other unions applied to the Commission for scope orders to be made regarding a bargaining instrument – where the applicant applied to the Commission to refer the matter to the Full Bench – whether a matter must be of industrial significance to be referred to the Full Bench – whether application should be referred to the Full Bench Fair Work Act 2009 Industrial Relations Act 1999 Industrial Relations Act 2016
APPEARANCES:	L Cruwys for the applicant T A McKernan for the respondent