Cemex Australia Pty Limited (formally known as Rinker Group Limited) v Freriechs

Cemex Australia Pty Limited, formerly Rinker Group Limited, sought to have the decision of an Arbitrator quashed as well as the decision of a Medical Appeal Panel. The dispute arose out of the Arbitrator’s decision that the company was required to pay medical benefits to an employee under a collective agreement. The Supreme Court was asked to review the Arbitrator’s decision on the basis that the decision of the Medical Appeal Panel, upon which the Arbitrator’s decision was based, was invalid.

The court was required to decide whether the Medical Appeal Panel’s decision was invalid, and if so, what effect this had on the Arbitrator’s decision. The court considered whether the Panel had made a jurisdictional error by failing to properly consider the employee’s evidence, and if this error was material to the outcome of the dispute.

The court found that the Panel had indeed made a jurisdictional error by failing to properly consider the employee’s evidence, and that this error was material to the outcome of the dispute. The court found that the Arbitrator’s decision was based on the Panel’s decision and therefore invalid. The court quashed the Arbitrator’s decision and remitted the matter to the Panel for reconsideration. The court did not make any orders as to costs.

The court revoked the decision of the Arbitrator dated 23 April 2009 and ordered that the costs of the arbitration hearing dated 12 March 2009 are to follow the orders made after the matter is remitted to the new Medical Appeal Panel. The court made no order as to the costs of the appeal.