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HJ (a pseudonym) & PQ (a pseudonym) v Independent Broad-based Anti-Corruption Commission [IBAC] [2022] VSCA 282

CONSTITUTIONAL LAW
Victorian Court of Appeal
Judge(s): 
Emerton P, Beach and Macaulay JJA
Parties: 

HJ (a pseudonym) & PQ (a pseudonym) v Independent Broad-based Anti-Corruption Commission [IBAC]

Judgment Date: 
15 December 2022
Catchwords: 

CONSTITUTIONAL LAW - Investigation into corrupt conduct connected with enterprise agreements - Enterprise agreement scheme under Fair Work Act 2009 (Cth) ('FWA') - Independent Broad-based Anti-corruption Commission Act 2011 conferred powers on IBAC to investigate corrupt conduct - Whether judge erred in failing to find Commonwealth law covered field of enterprise bargaining - Whether judge erred in finding no inconsistency between Commonwealth and State law - Whether FWA covering field of enterprise bargaining offended Melbourne Corporation principle - Leave to appeal refused.

Fair Work Act 2009 (Cth) pts 2-4, 3-1; Independent Broad-based Anti-corruption Commission Act 2011 (Vic) s 60; Commonwealth Constitution s 109.

Clarke v Federal Commissioner of Taxation (2009) 240 CLR 272; Melbourne Corporation v The Commonwealth (1947) 74 CLR 31; Work Health Authority v Outback Ballooning Pty Ltd (2019) 266 CLR 428, discussed; United Firefighters' Union of Australia v Country Fire Authority (2015) 228 FCR 497, distinguished.

Citation: