Rgc Mineral Sands Ltd & Anor v Construction, Mining, Energy, Timberyards, Sawmills, Woodworkers Union of Australia WA Branch & Ors

[2000] WASCA 162

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Industrial Law (WA)
2. › Jurisdiction of Industrial Relations Commission
3. › Industrial matter
4. › Definition under s 7(1) Industrial Relations Act 1979 (WA)
5. › Refusal to employ a class of persons
6. › Whether employer's policy of employing only under workplace agreements constitutes refusal to employ
7. › Industrial Relations Act 1979 (WA), s 7(1), s 23(1)
1. Industrial Law (WA)
2. › Workplace agreements
3. › Interaction between Workplace Agreements Act 1993 (WA) and Industrial Relations Act 1979 (WA)
4. › Whether Part IA excludes jurisdiction where no workplace agreement in force
5. › Whether offer of employment under workplace agreement is an industrial matter
6. › Workplace Agreements Act 1993 (WA), ss 4, 5, 6, 19
7. › Industrial Relations Act 1979 (WA), ss 7A, 7B, 7C
1. Industrial Law (WA)
2. › Jurisdiction of Industrial Relations Commission
3. › Employer-employee relationship as jurisdictional prerequisite
4. › Whether existing or contemplated employer-employee relationship required
5. › Refusal to employ before contract of employment entered into
6. › Industrial Relations Act 1979 (WA), s 7(1)(c)

Quick Take

An employer's policy of offering employment only on the basis of workplace agreements under the Workplace Agreements Act 1993 (WA) constitutes a refusal to employ a class of persons, which is an 'industrial matter' within s 7(1)(c) of the Industrial Relations Act 1979 (WA), giving the Commission jurisdiction. Part IA of the IR Act and the WPA Act only exclude Commission jurisdiction where a workplace agreement is actually in force, not at the pre-employment negotiation stage. However, the scope of permissible award amendments to address such a refusal may be significantly narrower than the industrial matter itself.