Moore, Re; Federated Ironworkers' Association of Australia, Ex p

Moore, Re; Federated Ironworkers' Association of Australia, Ex p

The BWIU applications were not finalised because the Registrar intended and acted only to consent to part of the applications and stood over the balance; under s 139(2) the Registrar could consent in part, and s 48 then allowed the remaining applications to be dealt with by the Industrial Relations Commission. The FEDFA applications were also not finally disposed of: the proceedings were conducted on the basis that the original applications remained on foot and were being dealt with in two parts, and the documents described as amended applications had no legal effect because they lacked the necessary Federal Council action and regulatory compliance. Accordingly, the first respondent had...

Jurisdiction
Australia
Procedural Posture
Application for an Order Nisi for Writs of Prohibition / Application Before Mc Hugh J
Outcome
Application refused.
Legal Topics
['writs of Prohibition' 'jurisdiction of the Industrial Relations Commission' 'alteration of Organisation Eligibility and Industry Rules' 'transitional Provisions Following Repeal of the Conciliation and Arbitration Act 1904 Cth']
['industrial Relations' 'administrative Law'] ['writs of Prohibition' 'jurisdiction of the Industrial Relations Commission' 'alteration of Organisation Eligibility and Industry Rules' 'transitional Provisions Following Repeal of the Conciliation and Arbitration Act 1904 Cth']

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Procedural Posture

Application for an Order Nisi for Writs of Prohibition / Application Before Mc Hugh J

Legal Issues

  1. 1 ['Whether the BWIU applications for consent to rule alterations had been finalised so that the Industrial Relations Commission no longer had jurisdiction to deal with the balance of the applications.' 'Whether the FEDFA applications for consent to rule alterations had been finalised so that the Industrial Relations Commission no longer had jurisdiction to deal with the balance of the applications.' 'Whether documents described as amended FEDFA applications had legal effect as amendments replacing the original applications.']

Ratio Decidendi

The BWIU applications were not finalised because the Registrar intended and acted only to consent to part of the applications and stood over the balance; under s 139(2) the Registrar could consent in part, and s 48 then allowed the remaining applications to be dealt with by the Industrial Relations Commission. The FEDFA applications were also not finally disposed of: the proceedings were conducted on the basis that the original applications remained on foot and were being dealt with in two parts, and the documents described as amended applications had no legal effect because they lacked the necessary Federal Council action and regulatory compliance. Accordingly, the first respondent had...

Court Disposition

Application refused.

Orders

  • ['The application for the issue of an order nisi for writs of prohibition is refused.']