National Union of Workers v Davids Distribution Pty Ltd

The National Union of Workers and Frank Belan, as representatives of employees, sought to restrain Davids Distribution Pty Ltd from taking industrial action through an application to the Supreme Court of New South Wales. The company defended the action by invoking the provisions of the Workplace Relations Act 1996 (Cth). The dispute primarily revolved around the jurisdictional reach of the Supreme Court in matters involving industrial action and whether the invocation of a Commonwealth statute could shift jurisdiction to the Federal Court.

The court was tasked with determining whether the raising of a defence under a Commonwealth statute deprived the Supreme Court of its jurisdiction to entertain an application for orders restraining industrial action. Additionally, the court had to ascertain the meaning of the phrase "matter arising under" an Act and whether the Federal Court gains immediate jurisdiction upon the raising of a Commonwealth statutory defence. Furthermore, the court needed to decide if there was any appeal from a Supreme Court decision in such a proceeding to the State appellate court or the Full Court of the Federal Court, and whether the Full Federal Court holds exclusive jurisdiction in such cases. Lastly, the court was required to address the competency of an appeal against a finding in contempt proceedings relating to non-compliance with Supreme Court orders.

The court held that the appeal was incompetent because the Full Federal Court has exclusive jurisdiction over such appeals. The Supreme Court found that once a Commonwealth statutory defence is raised, the Federal Court gains immediate jurisdiction, and any appeal from a Supreme Court decision in such proceedings must be directed to the Full Federal Court. The court further held that the Full Federal Court has exclusive jurisdiction in such matters and that any appeal from a finding in contempt proceedings relating to non-compliance with Supreme Court orders must also be directed to the Full Federal Court.

The court dismissed the appeal as incompetent and ordered that the appellants, the National Union of Workers and Frank Belan, pay the costs of the respondent, Davids Distribution Pty Ltd, in respect of the appeal.