Flight West v Honourable Vice President Ross [1999] FCA 542

Flight West v Honourable Vice President Ross [1999] FCA 542

The Full Bench failed to address whether there was error in Commissioner Hodder's discretionary decision not to order reinstatement following consent arbitration, focusing instead on whether it would itself have made a different award. This was a jurisdictional error; certiorari should issue to quash the Full Bench's decision and order a rehearing according to law.

Parties
Applicant/prosecutor: Flight West Airlines Pty Limited; First Respondent: The Honourable Vice President Ross, The Honourable Deputy President Justice Munro, and Commissioner Gay of the Australian Industrial Relations Commission; Second Respondent: W J McVinish; Third Respondent: Australian Federation of Airline Pilots
Jurisdiction
Australia
Judgment Date
04 May 1999
Procedural Posture
Administrative Law Prerogative Writs (certiorari and Prohibition), Industrial Law Appeal / Remitted From the High Court; Judgment of Full Federal Court
Outcome
Writ of certiorari granted; Full Bench decision quashed; appeal to be reheard according to law.
Legal Topics
Jurisdictional Error, Prerogative Writs, Unlawful Termination and Reinstatement, Appeal From Industrial Relations Commission, Role of Chief Pilot Under Civil Aviation Act
Administrative Law Employment Law Aviation Law Jurisdictional Error Prerogative Writs Unlawful Termination and Reinstatement Appeal From Industrial Relations Commission Role of Chief Pilot Under Civil Aviation Act

Case Brief

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Parties

Flight West Airlines Pty Limited

Applicant/prosecutor

The Honourable Vice President Ross, The Honourable Deputy President Justice Munro, and Commissioner Gay of the Australian Industrial Relations Commission

First Respondent

W J McVinish

Second Respondent

Australian Federation of Airline Pilots

Third Respondent

Procedural Posture

Administrative Law Prerogative Writs (certiorari and Prohibition), Industrial Law Appeal / Remitted From the High Court; Judgment of Full Federal Court

Legal Issues

  1. 1 Whether the Full Bench of the Australian Industrial Relations Commission committed jurisdictional error in ordering reinstatement of a pilot after consent arbitration under the Industrial Relations Act 1988.
  2. 2 Whether error by the Commission in the exercise of discretion was made out.
  3. 3 Whether the special position of a Chief Pilot or the issue of insurance were incorrectly treated by the Commission.

Ratio Decidendi

The Full Bench failed to address whether there was error in Commissioner Hodder's discretionary decision not to order reinstatement following consent arbitration, focusing instead on whether it would itself have made a different award. This was a jurisdictional error; certiorari should issue to quash the Full Bench's decision and order a rehearing according to law.

Court Disposition

Writ of certiorari granted; Full Bench decision quashed; appeal to be reheard according to law.

Orders

  • A writ of certiorari issue to the Australian Industrial Relations Commission and the members of the Full Bench of the Commission constituted for the hearing and determination of appeal C Number 37333 of 1997, directing the removal and quashing of the decision and order of the Full Bench of 8 September 1998.