Jurisdiction where Act allows proceedings to be instituted

(1)

If a provision of this Act, expressly or by implication, authorises a proceeding to be instituted in a particular court in relation to a matter:

(a) that provision is taken to vest that court with jurisdiction in that matter; and
(b) in the case of a court of a State—the jurisdiction so vested is subject to any limits to which any other jurisdiction of the court may be subject; and
(c) in the case of the Federal Court or the Federal Magistrates Court—the jurisdiction so vested is not limited by any limits to which the other jurisdiction of the court may be subject; and
(d) in the case of a court of a Territory—the jurisdiction is vested so far only as the Constitution permits.

Additional jurisdiction of Federal Magistrates Court

(2)

The Federal Magistrates Court has jurisdiction in matters arising under the Workplace Relations Act as affected by section 47 of this Act.

Jurisdiction in relation to modified provisions of Workplace Relations Act

(3)

If:

(a) a court has jurisdiction in relation to a matter arising under a provision of the Workplace Relations Act; and
(b) that provision is affected by this Act;

then that jurisdiction extends to a matter arising under that provision as affected by this Act.

Writ of mandamus etc. against officers of the Commonwealth

(4)

Subsections 412(2) and (3), and subsection 415(1), of the Workplace Relations Act extend to matters in which a writ of mandamus or prohibition, or an injunction, is sought against an officer or officers of the Commonwealth holding office under that Act, in relation to powers or functions under this Act. This subsection is enacted for the avoidance of doubt.

(5)

For the purposes of section 44 of the Judiciary Act 1903 , the Federal Court is taken to have jurisdiction with respect to any matter in which a writ of mandamus or prohibition, or an injunction, is sought against an officer or officers of the Commonwealth holding office under this Act.

Note: Section 44 of the Judiciary Act 1903 gives the High Court of Australia power to remit a matter to a federal court that has jurisdiction with respect to that matter.

(6)

The Federal Court has jurisdiction with respect to matters remitted to it under section 44 of the Judiciary Act 1903 .

Exclusive jurisdiction of Federal Court for certain matters involving organisations etc.

(7)

Subject to this Act, the jurisdiction of the Federal Court in relation to an act or omission for which an organisation, or member of an organisation, is liable to be sued, or to be proceeded against for a pecuniary penalty, is exclusive of the jurisdiction of any other court created by the Parliament or any court of a State or Territory.

Referral of matters to Full Court of Federal Court

(8)

At any stage of a proceeding in a matter in which the Federal Court has jurisdiction under this Act, a single Judge exercising the jurisdiction of the Federal Court:

(a) may refer a question of law for the opinion of a Full Court of the Federal Court; and
(b) may, of the Judge's own motion or on the application of a party, refer the matter to a Full Court of the Federal Court to be heard and determined.

If a Judge so refers a matter, the Full Court of the Federal Court may have regard to any evidence given, or arguments adduced, in the proceeding before the Judge.

(9)

The Federal Court has jurisdiction with respect to matters in relation to which questions may be referred to it under subsection (8).