Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, KIEFEL, BELL, GAGELER, KEANE AND NETTLE JJCOMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA & ORS  PLAINTIFFSANDQUEENSLAND RAIL & ANOR  DEFENDANTSCommunications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail[2015] HCA 118 April 2015B63/2013ORDERThe questions asked by the parties in the special case dated 6 August 2014 and referred for consideration by the Full Court be answered as follows:Question 1Is the first defendant (Queensland Rail) a corporation within the meaning of s 51(xx) of the Commonwealth Constitution? Answer It is unnecessary to answer this question. Question 2If so, is Queensland Rail a trading corporation within the meaning of s 51(xx) of the Commonwealth Constitution? Answer Yes. Question 3If so, does the Fair Work Act 2009 (Cth) apply to Queensland Rail and its employees by the operation of s 109 of the Constitution, to the exclusion of the [Queensland Rail Transit Authority Act 2013 (Q)] or the Industrial Relations Act 1999 (Q) or both? Answer Except to say that the Fair Work Act 2009 (Cth) applies to Queensland Rail as a "national system employer" for the purposes of that Act and that(a)ss 69, 72 and 73 of the Queensland Rail Transit Authority Act 2013 (Q) and(b)ss 691A-691D of the Industrial Relations Act 1999 (Q) are to that extent inconsistent with the Fair Work Act 2009 (Cth) and invalid in so far as they apply to Queensland Rail or its employees or the QR Passenger Pty...