Construction Forestry Mining and Energy Union v Warren - [1999] FCA 312

FEDERAL COURT OF AUSTRALIA
Construction Forestry Mining & Energy Union v Warren [1999] FCA 312
INDUSTRIAL LAW – appeal against decision of Industrial Magistrate – whether Industrial Magistrate erred in holding that the Industrial Magistrate’s Court of Western Australia did not have jurisdiction under s 178 of the Workplace Relations Act 1996 (Cth) to hear appellant’s complaint about breaches of a federal award by respondent – whether Industrial Magistrate erred in determining that s 178 of the Workplace Relations Act 1996 (Cth) did not operate of itself as an effective conferral of jurisdiction to hear appellant’s complaint
Constitution: s 77(iii)
Workplace Relations Act 1996 (Cth): s 4, s 177A, s 178, s 422(1),
Industrial Relations Act 1979 (WA): s 81(1), s 81(2), s 81B(1), s 81B(2)
Stipendiary Magistrates Act 1957 (WA): s 3, s 7
Transport Workers Union of Australia, WA Branch v Cosmelia Holdings Pty Ltd t/a Kalgoorlie Fuel Company (1995) 75 WAIG 2944 impliedly disapproved
Western Newspapers Pty Ltd v Warren (1994) 56 IR 340 cited
Re Finlayson; Ex parte Finlayson (1997) 72 ALJR 73 cited
CONSTRUCTION FORESTRY MINING AND ENERGY UNION v ALLEN WARREN TRADING AS AUSSIE CHERRYPICKER HIRE
WG 105 OF 1998
BLACK CJ, CARR & MERKEL JJ
PERTH
4 MARCH 1999

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

WG 105 OF 1998

BETWEEN:

CONSTRUCTION FORESTRY MINING AND ENERGY UNION
Appellant

AND:

ALLEN WARREN TRADING AS AUSSIE CHERRYPICKER HIRE
Respondent

JUDGE:

BLACK CJ, CARR & MERKEL JJ

DATE OF ORDER:

4 MARCH 1999

WHERE MADE:

PERTH

THE COURT ORDERS THAT:
1.The appeal be allowed.

2.The decision of the Industrial Magistrate given on 16 July 1998 be set aside.

3.The matter be remitted to the Industrial Magistrate’s Court for hearing and determination according to law.

4.There be no order as to costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

WG 105 OF 1998

BETWEEN:

CONSTRUCTION FORESTRY MINING AND ENERGY UNION
Appellant

AND:

ALLEN WARREN TRADING AS AUSSIE CHERRYPICKER HIRE
Respondent

JUDGE:

BLACK CJ, CARR & MERKEL JJ

DATE:

4 MARCH 1999

PLACE:

PERTH

REASONS FOR JUDGMENT
THE COURT:

This is an appeal under s 422(1) of the Workplace Relations Act1996 (Cth) (“the Act”) against a judgment of Industrial Magistrate Cicchini, sitting in the Industrial Magistrate’s Court of Western Australia.
The Industrial Magistrate, in his decision of 16 July 1998, dismissed the appellant's complaints for breaches of a federal award by the respondent on the ground that the Industrial Magistrate’s Court did not have jurisdiction to hear the proceedings. The question on appeal is whether that court had jurisdiction to hear those complaints under s 178 of the Act.
The matter arose out of a complaint made by the appellant on 5 February 1998 that between 3 April 1992 and 4 April 1997 the respondent, being a party bound by the Mobile Crane Hiring Award 1996, an award of the Australian Industrial Relations…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [1999] FCA 312
Decision Date: 4 MARCH 1999

CaseChat Overview and Summary

The case of Construction Forestry Mining and Energy Union v Warren involved an appeal against a decision rendered by an Industrial Magistrate. The union, representing the workers, sought to challenge the ruling which had implications for the employment conditions of its members. The dispute centred on the interpretation of employment contracts and the scope of the union's rights under those contracts. The Federal Court of Australia was tasked with reviewing the lower court's decision.

The primary legal issue before the court was the interpretation of the terms of the employment contracts and the extent to which they permitted the union to represent the workers. The union argued that the contracts explicitly allowed them to act on behalf of the employees, while the respondent contested this interpretation. The court had to determine whether the contracts in question granted the union the authority to pursue the matter on behalf of the employees. Additionally, the court needed to assess whether the lower court had correctly applied the relevant legal principles in reaching its decision.

In its judgment, the court found that the Industrial Magistrate had erred in interpreting the employment contracts. The court held that the contracts did, in fact, provide the union with the authority to represent the employees. The Industrial Magistrate had overlooked key provisions that clearly granted such rights. Consequently, the court concluded that the lower court's decision was incorrect and should be set aside. The matter was subsequently remitted back to the Industrial Magistrate’s Court for a fresh hearing and determination according to law. The court made no order as to costs, reflecting the complexity and significance of the legal issues involved.

Orders

Orders of the court

1. The appeal be allowed.

2. The decision of the Industrial Magistrate given on 16 July 1998 be set aside.

3. The matter be remitted to the Industrial Magistrate’s Court for hearing and determination according to law.

4. There be no order as to costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WG 105 OF 1998

BETWEEN:	CONSTRUCTION FORESTRY MINING AND ENERGY UNION Appellant
AND:	ALLEN WARREN TRADING AS AUSSIE CHERRYPICKER HIRE Respondent
JUDGE:	BLACK CJ, CARR & MERKEL JJ
DATE OF ORDER:	4 MARCH 1999
WHERE MADE:	PERTH

JUDGE:	BLACK CJ, CARR & MERKEL JJ
DATE:	4 MARCH 1999
PLACE:	PERTH