Re Media Entertainment and Arts Alliance; Ex parte Attorney-General (Qld)

Re Media Entertainment and Arts Alliance; Ex parte Attorney-General (Qld)

Because the principal issue was one of statutory construction suitable for the Industrial Relations Court, and any constitutional issue arose only within that construction question and could properly be determined there subject to appellate safeguards, the matter should be remitted to the Industrial Relations Court.

Jurisdiction
Australia
Procedural Posture
Application Concerning S 128(1)(c) of the Industrial Relations Act 1988 / Remittal Question
Outcome
Matter remitted to the Industrial Relations Court.
Legal Topics
['industrial Disputes' 'state Industrial Authorities' 'construction of S 128(1)(c) of the Industrial Relations Act 1988' 's 51(xxxv) of the Constitution' 'remittal to the Industrial Relations Court']
['industrial Law' 'constitutional Law'] ['industrial Disputes' 'state Industrial Authorities' 'construction of S 128(1)(c) of the Industrial Relations Act 1988' 's 51(xxxv) of the Constitution' 'remittal to the Industrial Relations Court']

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Procedural Posture

Application Concerning S 128(1)(c) of the Industrial Relations Act 1988 / Remittal Question

Legal Issues

  1. 1 ['Whether the matter should be dealt with in the High Court as required before the Industrial Relations Reform Act 1993 Cth or remitted to the Industrial Relations Court.' 'Whether the construction of s 128(1)(c) of the Industrial Relations Act 1988 should be considered by the Industrial Relations Court.' 'Whether any constitutional issue arising in the application should be determined by the Industrial Relations Court.']

Ratio Decidendi

Because the principal issue was one of statutory construction suitable for the Industrial Relations Court, and any constitutional issue arose only within that construction question and could properly be determined there subject to appellate safeguards, the matter should be remitted to the Industrial Relations Court.

Court Disposition

Matter remitted to the Industrial Relations Court.

Orders

  • ['Order accordingly' 'There will then be an order remitting the matter to the Industrial Relations Court on the usual terms as to the steps taken.']