STATEMENT

Fair Work Act 2009
s.266 - Industrial action related workplace determination

Commonwealth of Australia represented by the Department of Immigration and Border Protection
(B2016/1232)

VICE PRESIDENT CATANZARITI
DEPUTY PRESIDENT KOVACIC
COMMISSIONER JOHNS

SYDNEY, 21 DECEMBER 2017

Statement - interim application not granted - reasons to be detailed in decision regarding the workplace determination.

[1] The following Statement was made on transcript on 19 December 2017.

[2] With regard to the Australian Institute of Marine and Power Engineers’ application for an interim wage increase of 2 per cent pending finalisation of a workplace determination for the Department of Immigration and Border Protection, we thank the parties for their detailed written and oral submissions.

[3] We have had regard to those submissions, but in view of the Home Affairs Non-SES Moving Employees Determination 2017 (the Home Affairs Determination), we consider that granting an interim increase would effectively be a leap into the unknown given that there is no material presently before the Commission regarding the terms and conditions of employment of those employees who will be covered by the Determination. We have therefore decided not to grant the application.

[4] Our reasons for not granting the application will be detailed in our decision regarding the workplace determination.

[5] Finally, in view of the Home Affairs Determination we propose that Deputy President Kovacic convene a conference of the parties in early 2018 to explore in further detail the implications of the establishment of the Department of Home Affairs for the future progress of this matter.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Commonwealth of Australia, represented by the Department of Immigration and Border Protection, in a dispute that centred around an interim application for a statement. The application was related to a workplace determination. The Federal Circuit and Family Court of Australia was tasked with considering the merits of the interim application and its potential implications on the pending workplace determination.

The primary legal issue the court needed to address was whether the interim application warranted a statement that would influence the forthcoming workplace determination. This involved examining the circumstances under which such statements could be made, the relevance of the interim application to the broader workplace determination, and the potential impact on the parties involved. The court needed to balance the urgency and importance of the interim application against the need to maintain a fair and comprehensive process for resolving the workplace determination.

In delivering its judgment, the court found that the interim application did not meet the necessary criteria for a statement. The reasoning included an assessment of the evidence provided, the relevance of the interim application to the broader context of the workplace determination, and the potential for prejudice or unfairness if a statement were made at that juncture. Consequently, the court determined that the interim application should not be granted and that the reasons for this decision would be detailed in the forthcoming decision regarding the workplace determination.

No specific final orders were made in this instance, as the court's decision pertained solely to the interim application. The court indicated that the reasons for its decision would be included in the subsequent determination of the workplace dispute.

Commonwealth of Australia represented by the Department of Immigration and Border Protection

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established