Australian Rail Track v ARTBIU [2024] FCAFC 170
Legislative history is often significant in working out the ‘purpose or object’ in order to apply s 15AA11.
After approval of an enterprise agreement, unions sought determination of various matters still in dispute. This depended on representatives having ‘not settled all of the matters that were in dispute during bargaining for the agreement’ 12. Relying mainly on the legislative history, Katzmann J held there was no power to make the determination. Previous legislation had taken a similar approach, and there was no reason to think any change was intended. PS – in some places, recourse to legislative history is criticised as ‘a kind of ventriloquism’13.
This principle is from Episode 117 of interpretation NOW!
Footnotes:
11 Ruddick [2022] HCA 9 [133], Unions NSW [2019] HCA 1 [171], Episode 83.
12 Scope of agreement, leave entitlements, dispute procedures, pay etc.
13 Koons Buick (2004) 543 US 50 (73-74) Scalia J.