Case note : Construction, Forestry, Mining And Energy Union v Australian Industrial Relations Commission : the AIRC and the exercise of private arbitral power

[1] The joint judgment of the Full Bench of the High Court of Australia in Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (ââ"šÂ¬Ã‹Å“CFMEUââ"šÂ¬Ã¢"žÂ¢) determines the powers and role of the Australian Industrial Relations Commission (ââ"šÂ¬Ã‹Å“the Commissionââ"šÂ¬Ã¢"žÂ¢) in arbitrating and mediating certain industrial disputes. The case discusses the operation of a Certified Agreement under the Industrial Relations Act 1988 (Cth) (ââ"šÂ¬Ã‹Å“IR Actââ"šÂ¬Ã¢"žÂ¢) and its successor, the Workplace Relations Act 1996 (ââ"šÂ¬Ã‹Å“WR Actââ"šÂ¬Ã¢"žÂ¢). In particular, the High Court clarifies the powers that the Commission exercises when acting as an arbitrator under a Certified Agreement created pursuant to the IR Act. [2] Although the decision re-establishes a broad role for the Commission in workplace dispute resolution, it simultaneously alters its significance in an increasingly de-centralised wage system.