Re Pacific Coal Pty Limited; Ex parte: Construction, Forestry, Mining and Energy Union

Industrial Law – Whether s 3 of the Workplace Relations and Other Legislation Amendment Act 1996 (Cth) is invalid to the extent that it purports to give effect to item 50 and subitems 51(1), (2) and (3) in Pt 2 of Sched 5 to that Act.

Constitutional Law (Cth) – Legislative power of the Commonwealth - Whether s 3 of the Workplace Relations and Other Legislation Amendment Act 1996 (Cth), to the extent that it gives effect to item 50 and subitems 51(1), (2) and (3) in Pt 2 of Sched 5 to that Act, is a law with respect to conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one state under s 51 (xxxv) of the Constitution.

Words and phrases – "conciliation and arbitration" - "industrial dispute" - "implied incidental power" - "award" - "settlement".

Constitution – s 51(xx), (xxxv), (xxxix).

Workplace Relations and Other Legislation Amendment Act 1996 (Cth) – s 3.

Workplace Relations Act 1996 (Cth) – ss 7A, 89A.