Professional Officers Association (Victoria), in the matter of an application for Writs of Prohibition, Mandamus and Certiorari [2001] FCA 296

Professional Officers Association (Victoria), in the matter of an application for Writs of Prohibition, Mandamus and Certiorari [2001] FCA 296

Applicants were not denied procedural fairness because they were given, and took, a full opportunity to present any submissions in opposition to certification of the 1999 Agreement. S 43(2)(b) explicitly precluded the Commission from granting intervention to the Association, which was not 'proposed to be bound' by the 1999 Agreement, and no jurisdictional error attracting prerogative relief was shown.

Parties
Applicants: Professional Officers' Association (Victoria), N Sorraghan, C Kreperka, M Kleinig & A Macgregor; First Respondents: The Honourable Justice Geoffrey Michael Giudice, The Honourable Senior Deputy President Colin George Polites, Commissioner Leonard Norton Hingley, Commissioner John Graham Holmes, Members of the Australian Industrial Relations Commission; Second Respondent: CSL Limited; Third Respondents: CPSU, The Community and Public Sector Union, Automotive Food Engineering Printing and Kindred Industries Union, National Union of Workers, Communications Electronic Electrical Plumbing and Allied Workers Union of Australia
Jurisdiction
Australia
Judgment Date
28 March 2001
Procedural Posture
Application for Prerogative Relief (prohibition, Mandamus, Certiorari) / Judgment After Remittal From High Court
Outcome
Application for orders nisi for writs of prohibition, mandamus and certiorari dismissed.
Legal Topics
Certification of Industrial Agreements, Natural Justice, Leave to Intervene, Procedural Fairness, Industrial Relations Commission Procedure
Industrial Law Certification of Industrial Agreements Natural Justice Leave to Intervene Procedural Fairness Industrial Relations Commission Procedure

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Parties

Professional Officers' Association (Victoria), N Sorraghan, C Kreperka, M Kleinig & A Macgregor

Applicants

The Honourable Justice Geoffrey Michael Giudice, The Honourable Senior Deputy President Colin George Polites, Commissioner Leonard Norton Hingley, Commissioner John Graham Holmes, Members of the Australian Industrial Relations Commission

First Respondents

CSL Limited

Second Respondent

CPSU, The Community and Public Sector Union, Automotive Food Engineering Printing and Kindred Industries Union, National Union of Workers, Communications Electronic Electrical Plumbing and Allied Workers Union of Australia

Third Respondents

Procedural Posture

Application for Prerogative Relief (prohibition, Mandamus, Certiorari) / Judgment After Remittal From High Court

Legal Issues

  1. 1 Whether refusal to allow the Professional Officers' Association (Victoria) and individuals to intervene in certification proceedings constituted a denial of natural justice
  2. 2 Proper construction and application of s 43(2)(b) of the Workplace Relations Act 1996 regarding intervention
  3. 3 Whether failure to allow intervention resulted in jurisdictional error

Ratio Decidendi

Applicants were not denied procedural fairness because they were given, and took, a full opportunity to present any submissions in opposition to certification of the 1999 Agreement. S 43(2)(b) explicitly precluded the Commission from granting intervention to the Association, which was not 'proposed to be bound' by the 1999 Agreement, and no jurisdictional error attracting prerogative relief was shown.

Court Disposition

Application for orders nisi for writs of prohibition, mandamus and certiorari dismissed.

Orders

  • The application for orders nisi for writs of prohibition, mandamus and certiorari be dismissed.
  • There be reserved for further consideration any application for costs which might be made within fourteen days.