The Australian Workers' Union of Employees, Queensland v Qld; Qld v Together Queensland, Industrial Union of Employees & Anor

[2012] QCA 353

Queensland Court of Appeal

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Interrogate

Catchwords

1. Constitutional Law (Cth)
2. › Separation of powers
3. › State constitutions
4. › Whether Constitution of Queensland 2001 introduced separation of judicial power
5. › Whether consolidation of constitutional provisions created new constitutional limitation on legislative power
6. › Constitution of Queensland 2001 (Qld), Ch 4
1. Constitutional Law (Cth)
2. › Exercise of judicial power
3. › Nature of judicial power
4. › Industrial relations
5. › Whether certification of industrial agreements by QIRC constitutes exercise of judicial power
6. › Whether administrative function with legislative aspects
7. › Industrial Relations Act 1999 (Qld), ss 153-157, 160
1. Constitutional Law (Cth)
2. › Kable principle
3. › Institutional integrity of State courts
4. › Whether legislation rendering provisions of industrial instruments of no effect undermines institutional integrity
5. › Whether legislation directing outcome of court decisions
6. › Industrial Relations Act 1999 (Qld), ss 691C, 691D, 691E
1. Constitutional Law (Cth)
2. › Inconsistency of laws
3. › Section 109 of the Constitution
4. › Direct and indirect inconsistency
5. › Whether State industrial relations provision inconsistent with Commonwealth termination notification requirements
6. › Whether Commonwealth intended to cover the field
7. › Fair Work Act 2009 (Cth), ss 722, 786, 787
8. › Industrial Relations Act 1999 (Qld), s 691D

Quick Take

The Constitution of Queensland 2001 does not contain a constitutional principle of separation of powers, and the Queensland Parliament retains plenary power to legislate in relation to the functions of the QIRC and Industrial Court, subject only to the Kable principle. The QIRC's certification of industrial agreements is administrative, not judicial, in nature. Section 722 of the Fair Work Act 2009 (Cth), which contemplates State legislation giving effect to article 13 of the Termination of Employment Convention, negates any argument that Part 6-4 of the Fair Work Act was intended to cover the field in relation to termination notification and consultation requirements.