Port Kembla Coal Terminal Ltd v Industrial Court of New South Wales

[2009] NSWCA 70

NSW Court of Appeal

Built by Barristers,
For Australian Law.

1. CONSTITUTIONAL LAW - operation and effect of the Commonwealth Constitution - inconsistency of laws (Constitution, s 109) - Workplace Relations Amendment (Work Choices) Act 2005 (Cth) s 16 - to what extent Commonwealth law covers the field
1. CONSTITUTIONAL LAW - operation and effect of the Commonwealth Constitution - inconsistency of laws (Constitution, s 109) - direct inconsistency - effect of temporal distinction in application of Commonwealth and State laws
1. INDUSTRIAL LAW - the Commonwealth - scope and interpretation of Workplace Relations Amendment (Work Choices) Act 2005 (Cth) - application in respect of claims arising under State law prior to commencement date
1. INDUSTRIAL LAW - New South Wales - interpretation and jurisdiction - application of Industrial Relations Act 1996 s 106 - effect of Workplace Relations Amendment (Work Choices) Act 2005 (Cth)