Quirk v Construction, Forestry, Mining and Energy Union NSW Branch and Miller v Construction, Forestry, Mining and Energy Union NSW Branch (No.2)

In *Quirk v Construction, Forestry, Mining and Energy Union NSW Branch and Miller v Construction, Forestry, Mining and Energy Union NSW Branch (No.2)*, the applicants, Quirk and Miller, alleged that their dismissals from employment were in contravention of the general protections provisions of the *Fair Work Act 2009* (Cth). The respondent was the Construction, Forestry, Mining and Energy Union NSW Branch. The proceedings were heard in the Industrial Relations Commission of New South Wales.

The primary legal issues before the Court were whether it possessed jurisdiction to hear the amended Statement of Claim, which alleged breaches of the *Fair Work (Registered Organisations) Act 2009* (Cth), and, if so, whether it should exercise its discretion to transfer the proceedings to the Federal Court of Australia.

Judge Nicholls determined that the Industrial Relations Commission of New South Wales did not have jurisdiction to hear claims arising under the *Fair Work (Registered Organisations) Act 2009* (Cth), as this legislation falls within the exclusive jurisdiction of the Federal Court. Consequently, the application for transfer of proceedings was dismissed as the Commission lacked the necessary jurisdiction to entertain the claims as amended.