AMACSU v Ergon Energy Corporation Ltd & Ors

(2005) 149 IR 35; [2005] QCA 351

Queensland Court of Appeal

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Interrogate

Catchwords

1. Industrial Law
2. › Queensland
3. › Agreements
4. › Certification
5. › Right of employee organisation to be heard
6. › Whether Full Bench erred in determining organisation had been heard and should not be further heard
7. › Industrial Relations Act 1999 (Qld), ss 155, 156(1)(m), 281, 331(b)
1. Industrial Law
2. › Queensland
3. › Appeals
4. › Appeal to Court of Appeal from Full Bench decision
5. › Scope of appellate power
6. › Whether Court of Appeal can invalidate certification decision of single member of QIRC
7. › Whether appeal futile where no power to affect subsequent final order
8. › Industrial Relations Act 1999 (Qld), ss 340, 349
1. Practice and Procedure
2. › Abuse of process
3. › Permanent stay of proceedings
4. › Appeal with no practical utility
5. › Whether proceedings foredoomed to fail
6. › Distinction between striking out and permanently staying proceedings

Quick Take

An appeal to the Court of Appeal under s 340(2) of the Industrial Relations Act 1999 (Qld) from a Full Bench decision will be permanently stayed as futile where the Full Bench decision was interlocutory and a subsequent final certification decision has been made by a single member of the QIRC, from which no appeal lies to the Court of Appeal, because the Court's powers under s 340(4) are limited to dealing with the Full Bench decision and cannot affect other QIRC decisions. A party seeking to challenge a certification decision for jurisdictional error should pursue judicial review in the Trial Division or appeal to the Industrial Court.