Re National Tertiary Education Industry Union; Ex parte Quickenden [1996] HCA 33

Re National Tertiary Education Industry Union; Ex parte Quickenden [1996] HCA 33

The Commission did not act without or in excess of jurisdiction in certifying the agreement because the certified agreement does not bind Dr Quickenden as a non-union member, imposing no obligations upon him. Furthermore, Dr Quickenden had not exhausted available remedies by appeal within the industrial relations framework, making prerogative relief inappropriate.

Jurisdiction
Australia
Procedural Posture
Application for Prerogative Relief (writs of Certiorari and Prohibition) / Judgment on Application for Prerogative Relief
Outcome
Application for writs of prohibition and certiorari refused
Legal Topics
['certification of Industrial Agreements' 'jurisdiction of Industrial Relations Commission' 'prerogative Relief' 'standing to Challenge Certified Agreements']
['industrial Law' 'administrative Law'] ['certification of Industrial Agreements' 'jurisdiction of Industrial Relations Commission' 'prerogative Relief' 'standing to Challenge Certified Agreements']

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Procedural Posture

Application for Prerogative Relief (writs of Certiorari and Prohibition) / Judgment on Application for Prerogative Relief

Legal Issues

  1. 1 ['Whether the Australian Industrial Relations Commission acted without or in excess of jurisdiction in certifying the agreement' 'Whether the certified agreement unlawfully binds a non-union member (Dr Quickenden)' 'Whether prerogative relief should be granted or the matter remitted to the Industrial Relations Court']

Ratio Decidendi

The Commission did not act without or in excess of jurisdiction in certifying the agreement because the certified agreement does not bind Dr Quickenden as a non-union member, imposing no obligations upon him. Furthermore, Dr Quickenden had not exhausted available remedies by appeal within the industrial relations framework, making prerogative relief inappropriate.

Court Disposition

Application for writs of prohibition and certiorari refused

Orders

  • ['Application for writ of prohibition and writ of certiorari refused']