Re Australian Industrial Relations Commission; Ex parte Smith [2004] FCAFC 271

Re Australian Industrial Relations Commission; Ex parte Smith [2004] FCAFC 271

The Full Bench exceeded its jurisdiction by quashing the remedial orders of Commissioner Hodder (reinstatement and related orders) without identifying any appealable error as required under s 45 of the Workplace Relations Act 1996 (Cth), as authoritatively interpreted by the High Court; thus, constitutional writs should be issued quashing that part of the Full Bench's decision and remitting the matter for determination according to law.

Parties
Applicants/prosecutors (s56/03), Second Respondents (s509/03): Robert David Smith & Others; Second Respondent (s56/03), Applicant/prosecutor (s509/03), Applicant/prosecutor (s508/03): Pacific Coal Pty Ltd; Applicant/prosecutor (s508/03), Applicant/prosecutor (s509/03): Hail Creek Coal Pty Ltd; First Respondents (s56/03 and S509/03): The Honourable Senior Deputy President I R Watson, The Honourable Senior Deputy President L Kaufman and Commissioner G R Smith (members of the Australian Industrial Relations Commission); First Respondents (s508/03): The Honourable Vice President I J K Ross, The Honourable Senior Deputy President D K Duncan and Commissioner K J Bacon (members of the Australian Industrial Relations Commission); Second Respondent (s508/03): Construction, Forestry, Mining & Energy Union
Jurisdiction
Australia
Judgment Date
11 October 2004
Procedural Posture
Applications for Constitutional Writs/quasi Judicial Review (including Certiorari, Mandamus, Prohibition) Against the Australian Industrial Relations Commission and Related Parties / Full Court Judgment on Consolidated Remitted Proceedings From High Court
Outcome
Application for constitutional writs granted in part; matter remitted; cross-application for writs dismissed
Legal Topics
Termination of Employment, Unfair Dismissal, Redundancy, Jurisdictional Error, Remedies (reinstatement, Compensation), Appeals and Review From the Commission
Industrial Law Administrative Law Employment Law Termination of Employment Unfair Dismissal Redundancy Jurisdictional Error Remedies (reinstatement, Compensation) +1 more

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Parties

Robert David Smith & Others

Applicants/prosecutors (s56/03), Second Respondents (s509/03)

Pacific Coal Pty Ltd

Second Respondent (s56/03), Applicant/prosecutor (s509/03), Applicant/prosecutor (s508/03)

Hail Creek Coal Pty Ltd

Applicant/prosecutor (s508/03), Applicant/prosecutor (s509/03)

The Honourable Senior Deputy President I R Watson, The Honourable Senior Deputy President L Kaufman and Commissioner G R Smith (members of the Australian Industrial Relations Commission)

First Respondents (s56/03 and S509/03)

The Honourable Vice President I J K Ross, The Honourable Senior Deputy President D K Duncan and Commissioner K J Bacon (members of the Australian Industrial Relations Commission)

First Respondents (s508/03)

Construction, Forestry, Mining & Energy Union

Second Respondent (s508/03)

Procedural Posture

Applications for Constitutional Writs/quasi Judicial Review (including Certiorari, Mandamus, Prohibition) Against the Australian Industrial Relations Commission and Related Parties / Full Court Judgment on Consolidated Remitted Proceedings From High Court

Legal Issues

  1. 1 Whether the Full Bench of the Australian Industrial Relations Commission erred in law or exceeded jurisdiction by quashing remedial orders (reinstatement) without first finding appealable error by the Commissioner
  2. 2 Whether the Full Bench's findings on the 'harsh, unjust and unreasonable' nature of the dismissals were tainted by jurisdictional error
  3. 3 Whether an appeal under s 45 Workplace Relations Act 1996 (Cth) requires identification of error at first instance before appellate intervention

Ratio Decidendi

The Full Bench exceeded its jurisdiction by quashing the remedial orders of Commissioner Hodder (reinstatement and related orders) without identifying any appealable error as required under s 45 of the Workplace Relations Act 1996 (Cth), as authoritatively interpreted by the High Court; thus, constitutional writs should be issued quashing that part of the Full Bench's decision and remitting the matter for determination according to law.

Court Disposition

Application for constitutional writs granted in part; matter remitted; cross-application for writs dismissed

Orders

  • A writ of certiorari to quash the decision of the Full Bench of the Commission made on 12 December 2002 to the extent that it set aside the orders made by Commissioner Hodder on 9 April 2001 [PR902679] and 27 September 2001 [PR903256]
  • A writ of mandamus to the Commission to hear and determine the appeal from the said orders made by Commissioner Hodder according to law