Can, Lu v. Martin, Robyn & Anor [1995] FCA 533

Can, Lu v. Martin, Robyn & Anor [1995] FCA 533

A Commissioner of the Australian Industrial Relations Commission, when acting as a Grievance Board under clause 33 of the relevant Award, is an officer of the Commonwealth for the purposes of s75(v) of the Constitution and therefore amenable to judicial review by this Court. Clause 33 of the Award empowers the grievance board to resolve disputes including those involving dismissal, and this extends to the power to order reinstatement in appropriate cases where the original industrial dispute encompasses such remedies.

Jurisdiction
Australia
Judgment Date
02 March 1995
Procedural Posture
Application for Judicial Review (writs of Certiorari, Mandamus and Prohibition) / Final Judgment at First Instance
Outcome
Application dismissed
Legal Topics
['jurisdiction of Industrial Grievance Board' 'officer of the Commonwealth Under S75(v) Constitution' 'award Interpretation' 'power to Order Reinstatement']
['industrial Law' 'constitutional Law'] ['jurisdiction of Industrial Grievance Board' 'officer of the Commonwealth Under S75(v) Constitution' 'award Interpretation' 'power to Order Reinstatement']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Judicial Review (writs of Certiorari, Mandamus and Prohibition) / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether a Commissioner acting as a Grievance Board under an award is an officer of the Commonwealth for the purpose of s75(v) of the Constitution' 'Whether the Grievance Board has jurisdiction and power to order reinstatement under clause 33 of the Award']

Ratio Decidendi

A Commissioner of the Australian Industrial Relations Commission, when acting as a Grievance Board under clause 33 of the relevant Award, is an officer of the Commonwealth for the purposes of s75(v) of the Constitution and therefore amenable to judicial review by this Court. Clause 33 of the Award empowers the grievance board to resolve disputes including those involving dismissal, and this extends to the power to order reinstatement in appropriate cases where the original industrial dispute encompasses such remedies.

Court Disposition

Application dismissed

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.']