Australian Workers’ Union v Leighton Contractors: Enterprise and Greenfields Agreements

The Full Court of the Federal Court of Australia delivered a judgment on 29 January 2013 which denied an appeal to Leighton Contractors Pty Ltd in the matter of the application for a greenfields agreement to be approved in the case of Australian Workers’ Union v Leighton Contractors Pty Limited [2013] FCAFC 4.

The Australian Workers' Union sought the issue of writs in the nature of mandamus and certiorari, setting aside a decision of the Full Bench of Fair Work Australia, which refused the applicant permission to appeal from a decision of a Senior Deputy President in regards to approval of greenfields or enterprise agreements for 2 separate companies, of which, Leighton Contractors, was one.

This application is concerned with a challenge to the exercise of the jurisdiction of Fair Work Australia to approve a number of enterprise agreements relating to construction work to be carried out on mine sites owned by Leighton Contractors Pty Ltd in Queensland.

The Australian Workers' Union was not a party to the original agreements and, although the union argued that the agreements were signed on behalf of one union by an officer who lacked authority under the union’s rules, the Full Federal Court in the majority judgment deemed that Fair Work Australia had not exceed its authority by denying the ability to appeal stating that "There would only have been jurisdictional error on the part of the Full Bench if it had misconceived its role or if, in terms used by Jordan CJ in Ex parte Hebburn Ltd; Re Kearsley Shire Council, it "misunder[stood] the nature of [its] jurisdiction ... or "misconceive[d] its duty".

The Full Court further stated that the agreements were made within the meaning of the Act and that the indoor management rule did not apply.

This case further solidifies the liability of bodies corporate for all officers acting within their employment, as stated in s 793 of the Fair Work Act 2009.
 

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