IN THE MATTER of an application for writs of certiorari and mandamus against a Full Bench of the Australian Industrial Relations Commission and writs of certiorari and prohibition against Commissioner Leary & The Full Bench of The Australian Industrial Relations Commission, Commissioner Leary, The Australian Federation of Airline Pilots, Bristow Helicopters Australia Pty Ltd [1995] IRCA 353

IN THE MATTER of an application for writs of certiorari and mandamus against a Full Bench of the Australian Industrial Relations Commission and writs of certiorari and prohibition against Commissioner Leary & The Full Bench of The Australian Industrial Relations Commission, Commissioner Leary, The Australian Federation of Airline Pilots, Bristow Helicopters Australia Pty Ltd [1995] IRCA 353

Commissioner Leary was an officer of the Commonwealth because clause 33 referred unresolved matters to the Tribunal, now the Commission, and she dealt with the matter as a member of the Commission constituting the Grievance Board. The Award and the relevant log of claims included a grievance procedure concerning matters involving termination of employment, and the power to achieve a binding resolution of such a grievance was broad enough, in an appropriate case, to include reinstatement. The application for writs therefore failed.

Jurisdiction
Australia
Judgment Date
28 July 1995
Procedural Posture
Application for Writs of Certiorari, Mandamus and Prohibition / Final Judgment on Application and Order Nisi
Outcome
Application dismissed; order nisi discharged.
Legal Topics
['grievance Procedure Under Award' 'officer of the Commonwealth Under Paragraph 75(v) of the Constitution' 'jurisdiction and Power of Grievance Board' 'reinstatement After Termination of Employment' 'industrial Award Construction']
['industrial Law' 'constitutional Law' 'administrative Law'] ['grievance Procedure Under Award' 'officer of the Commonwealth Under Paragraph 75(v) of the Constitution' 'jurisdiction and Power of Grievance Board' 'reinstatement After Termination of Employment' 'industrial Award Construction']

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Procedural Posture

Application for Writs of Certiorari, Mandamus and Prohibition / Final Judgment on Application and Order Nisi

Legal Issues

  1. 1 ['Whether Commissioner Leary, when constituting herself as a Grievance Board under clause 33 of the Helicopter Pilots (General Aviation) Award 1988, was an officer of the Commonwealth within paragraph 75(v) of the Constitution.' 'Whether the Court had jurisdiction to issue writs of certiorari and prohibition against Commissioner Leary.' 'Whether clause 33 of the Award applied to Bristow and the Federation.' 'Whether the Grievance Board had jurisdiction and power under clause 33 to order reinstatement of pilots whose employment had been terminated.']

Ratio Decidendi

Commissioner Leary was an officer of the Commonwealth because clause 33 referred unresolved matters to the Tribunal, now the Commission, and she dealt with the matter as a member of the Commission constituting the Grievance Board. The Award and the relevant log of claims included a grievance procedure concerning matters involving termination of employment, and the power to achieve a binding resolution of such a grievance was broad enough, in an appropriate case, to include reinstatement. The application for writs therefore failed.

Court Disposition

Application dismissed; order nisi discharged.

Orders

  • ['The application for writs of certiorari, mandamus and prohibition be dismissed.' 'The order nisi made by Lee J. on 16 February 1995 be discharged.']