In the matter of an application for a Writ of Prohibition, a Writ of Mandamus and a writ of Certiorari against: the Honourable Justice Boulton, the Honourable Deputy President Harrison and Commissioner Frawley, members of the Australian Industrial Relations Commission, the Honourable Senior Deputy President Riordan, a member of the Australian Industrial Relations Commission, Australian Education Union, ex parte the State of Victoria and the Honourable Minister for Education for the State of Victoria [1994] IRCA 110

In the matter of an application for a Writ of Prohibition, a Writ of Mandamus and a writ of Certiorari against: the Honourable Justice Boulton, the Honourable Deputy President Harrison and Commissioner Frawley, members of the Australian Industrial Relations Commission, the Honourable Senior Deputy President Riordan, a member of the Australian Industrial Relations Commission, Australian Education Union, ex parte the State of Victoria and the Honourable Minister for Education for the State of Victoria [1994] IRCA 110

The Commission did not exceed jurisdiction or err in law by making the Victorian interim award before identifying all possible parties to the wider dispute. Section 101 does not require the Commission to complete identification of every party to the dispute before exercising interim award powers. The necessary procedural and constitutional requirement is satisfied if, before making an award affecting substantive rights, the Commission has found an industrial dispute extending beyond the limits of any one State involving the persons to be bound by that award. The Commission had determined that the Victorian parties were parties to such a dispute, and the interim award merely maintained...

Jurisdiction
Australia
Judgment Date
14 November 1994
Procedural Posture
Application for Writs of Prohibition, Mandamus and Certiorari Remitted From the High Court of Australia / Separate Determination of Grounds (iv) and (v) of the Applicants' Notice of Motion, With Remaining Grounds Stood Over
Outcome
Grounds (iv) and (v) were determined adversely to the applicants; leave to intervene was granted; the remaining grounds were stood over.
Legal Topics
['australian Industrial Relations Commission Jurisdiction' 'industrial Dispute Findings' 'interim Awards' 'fragmented or Piecemeal Dispute Findings' 'intervention by Non Party']
['industrial Law' 'practice and Procedure'] ['australian Industrial Relations Commission Jurisdiction' 'industrial Dispute Findings' 'interim Awards' 'fragmented or Piecemeal Dispute Findings' 'intervention by Non Party']

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Procedural Posture

Application for Writs of Prohibition, Mandamus and Certiorari Remitted From the High Court of Australia / Separate Determination of Grounds (iv) and (v) of the Applicants' Notice of Motion, With Remaining Grounds Stood Over

Legal Issues

  1. 1 ['Whether the Commission had jurisdiction to make an interim award before fully determining all parties to the industrial dispute and all matters in dispute under s.101 of the Industrial Relations Act 1988.' 'Whether making an interim award in partial settlement of an industrial dispute before completing the s.101 inquiry involved an error of law.' 'Whether the Queensland respondents to the log of claims should be granted leave to intervene under s.470 of the Industrial Relations Act 1988.']

Ratio Decidendi

The Commission did not exceed jurisdiction or err in law by making the Victorian interim award before identifying all possible parties to the wider dispute. Section 101 does not require the Commission to complete identification of every party to the dispute before exercising interim award powers. The necessary procedural and constitutional requirement is satisfied if, before making an award affecting substantive rights, the Commission has found an industrial dispute extending beyond the limits of any one State involving the persons to be bound by that award. The Commission had determined that the Victorian parties were parties to such a dispute, and the interim award merely maintained...

Court Disposition

Grounds (iv) and (v) were determined adversely to the applicants; leave to intervene was granted; the remaining grounds were stood over.

Orders

  • ['The matter be stood over to a date to be fixed.' "Any party may apply on 3 days' notice to all other parties."]