In the matter of an application for a Writ of Prohibition and a Writ of Mandamus against the Honourable Deputy President Harrison, the Honourable Deputy President Williams and Commissioner Bacon (Members of the Industrial Relations Commission), the Maritime Union of Australia & the Australian Maritime Officers' Union; Ex Parte: Reid and Ors [1995] IRCA 174

In the matter of an application for a Writ of Prohibition and a Writ of Mandamus against the Honourable Deputy President Harrison, the Honourable Deputy President Williams and Commissioner Bacon (Members of the Industrial Relations Commission), the Maritime Union of Australia & the Australian Maritime Officers' Union; Ex Parte: Reid and Ors [1995] IRCA 174

There was no denial of natural justice because the Commission had conducted an exhaustive inquiry with the relevant registered organisations before it, the prosecutors should have advanced any challenge to representation during the main hearing, and the limited intervention granted to them to address the substance and form of the order did not entitle them to reopen matters already determined.

Jurisdiction
Australia
Judgment Date
20 March 1995
Procedural Posture
Application for Prerogative Writs of Prohibition and Mandamus / Application Heard After Remittal From the High Court of Australia; Dismissed
Outcome
Application dismissed.
Legal Topics
['prerogative Relief' 'natural Justice' 'australian Industrial Relations Commission' 'intervention' 'representation Rights Under S.118 a of the Industrial Relations Act']
['administrative Law' 'industrial Relations'] ['prerogative Relief' 'natural Justice' 'australian Industrial Relations Commission' 'intervention' 'representation Rights Under S.118 a of the Industrial Relations Act']

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Procedural Posture

Application for Prerogative Writs of Prohibition and Mandamus / Application Heard After Remittal From the High Court of Australia; Dismissed

Legal Issues

  1. 1 ['Whether the Full Bench of the Australian Industrial Relations Commission denied the prosecutors natural justice by refusing to allow them to reopen matters determined in August 1993.' 'Whether the Commission was required to permit individual employees to revisit representation issues after granting them limited intervention to address the substance and form of the order.']

Ratio Decidendi

There was no denial of natural justice because the Commission had conducted an exhaustive inquiry with the relevant registered organisations before it, the prosecutors should have advanced any challenge to representation during the main hearing, and the limited intervention granted to them to address the substance and form of the order did not entitle them to reopen matters already determined.

Court Disposition

Application dismissed.

Orders

  • ['The Application be dismissed.']