Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia & Ors v. Queensland Rail & Anor

Case No.

B63/2013

Case Information

Catchwords

Constitutional law – Commonwealth Constitution, ss 51(xx) and 109 – Employees who are members of ten unions previously employed by Queensland Rail Limited were transferred to Queensland Rail – Queensland Government intended to implement New Generation Rolling Stock project (“NGR project”) – Unions informed Queensland Rail of their concerns for potential impact of NGR project and sought discussions pursuant to cl 22 of Rollingstock Agreement – Queensland Rail did not consider itself bound by Fair Work Act 2009 (Cth) (“FW Act”) but instead bound by Industrial Relations Act 1999 (Qld) (“IR Act”) and by reason of s 691C of IR Act, considered Rollingstock Agreement of no effect – Unions informed Queensland Rail of desire to pursue negotiations for new enterprise agreement to replace Traincrew Agreement in accordance with FW Act – New enterprise agreement certified pursuant to IR Act – Whether Queensland Rail is corporation within meaning of s 51(xx) of Constitution – Whether Queensland Rail is trading corporation within meaning of s 51(xx) of Constitution – Whether FW Act applies to Queensland Rail and its employees by operation of s 109 of Constitution to exclusion of Queensland Rail Transit Authority Act 2013 (Qld) or IR Act or both.

Short Particulars

Documents

12/11/2013 Writ of summons

26/11/2013 Submitting appearance (Second Defendant)

09/12/2013 Notice of constitutional matter (Plaintiffs)

27/02/2014 Hearing (Single Justice, Brisbane)

05/06/2014 Hearing (Single Justice, Brisbane)

28/07/2014 Hearing (Single Justice, Brisbane)

07/08/2014 Special case stated

26/08/2014 Written submissions (Plaintiffs)

03/09/2014 Written submissions (Attorney-General of the Commonwealth intervening)

17/09/2014 Written submissions (First Defendant)

22/09/2014 Written submissions (Attorney-General for the State of South Australia intervening)

24/09/2014 Written submissions (Attorney-General for the State of New South Wales intervening)

24/09/2014 Written submissions (Attorney-General for the State of Victoria intervening)

24/09/2014 Written submissions (Attorney-General for the State of Western Australia intervening)

01/10/2014 Reply

03/02/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

04/02/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

08/04/2015 Judgment (Judgment summary)