Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, & Allied Services Union of Australia v Australian Industrial Relations Commission [1999] FCA 804

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, & Allied Services Union of Australia v Australian Industrial Relations Commission [1999] FCA 804

Upon the proper construction of item 49 of the WROLA Act, the Commission must examine whether each operative clause of an award deals with a matter in s 89A(2) of the WR Act; if not, the clause must be removed. The Full Bench was correct in its ultimate decision, even if some reasoning differed; no material jurisdictional error was disclosed—application dismissed.

Jurisdiction
Australia
Judgment Date
30 June 1999
Procedural Posture
Application for Writs of Prohibition, Certiorari and Mandamus / Judgment Following Remission From High Court to the Federal Court
Outcome
Application dismissed
Legal Topics
['allowable Award Matters' 'award Variation' 'transitional Provisions' 'workplace Relations Act' 'jurisdictional Error']
['industrial Law' 'employment Law'] ['allowable Award Matters' 'award Variation' 'transitional Provisions' 'workplace Relations Act' 'jurisdictional Error']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Writs of Prohibition, Certiorari and Mandamus / Judgment Following Remission From High Court to the Federal Court

Legal Issues

  1. 1 ['What is an allowable award matter for the purposes of item 49 of the Workplace Relations and Other Legislation Amendment Act 1996 and s 89A(2) of the Workplace Relations Act 1996?' 'Did the Full Bench of the Australian Industrial Relations Commission err in finding that the Promotion Appeal Board (clause 9) was not an allowable award matter or necessary for the effective operation of the award?' 'Was a material jurisdictional error made by the Full Bench reviewable by the Court?']

Ratio Decidendi

Upon the proper construction of item 49 of the WROLA Act, the Commission must examine whether each operative clause of an award deals with a matter in s 89A(2) of the WR Act; if not, the clause must be removed. The Full Bench was correct in its ultimate decision, even if some reasoning differed; no material jurisdictional error was disclosed—application dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']