Comalco Aluminium (Bell Bay) Limited v The Honourable Deirdre O'Connor, President; The Honourable John MacBean and The Honourable Colin Polites, Senior Deputy Presidents; The Honourable Simon Williams, Deputy President and Mr Robert Merriman, Commissioner, Members of the Australian Industrial Relations Commission and the Australian Workers Union - Federation of Industrial, Manufacturing and Engineering Employees Amalgamated Union; Automotive, Food, Metals & Engineering Union & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union [1995] IRCA 561

Comalco Aluminium (Bell Bay) Limited v The Honourable Deirdre O'Connor, President; The Honourable John MacBean and The Honourable Colin Polites, Senior Deputy Presidents; The Honourable Simon Williams, Deputy President and Mr Robert Merriman, Commissioner, Members of the Australian Industrial Relations Commission and the Australian Workers Union - Federation of Industrial, Manufacturing and Engineering Employees Amalgamated Union; Automotive, Food, Metals & Engineering Union & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union [1995] IRCA 561

The stay was refused because no exceptional circumstances or sound practical reason justified it: Comalco assured the Court that affected employees would not be disadvantaged if no stay were granted, and the Australian Industrial Relations Commission could deal with the matter expeditiously and make an appropriate interim award under s.111 of the Industrial Relations Act 1988 without relying on Part VIC of the Act.

Jurisdiction
Australia
Judgment Date
05 October 1995
Procedural Posture
Application for Stay of Orders Made by a Full Court Concerning Validity of an Interim Award of the Australian Industrial Relations Commission / Notice of Motion for Stay, Pending Proposed Challenge in the High Court of Australia
Outcome
Application dismissed.
Legal Topics
['australian Industrial Relations Commission' 'interim Paid Rates Award' 'stay of Orders' 'prerogative Writs' 'industrial Relations Act 1988']
['industrial Law' 'administrative Law'] ['australian Industrial Relations Commission' 'interim Paid Rates Award' 'stay of Orders' 'prerogative Writs' 'industrial Relations Act 1988']

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Procedural Posture

Application for Stay of Orders Made by a Full Court Concerning Validity of an Interim Award of the Australian Industrial Relations Commission / Notice of Motion for Stay, Pending Proposed Challenge in the High Court of Australia

Legal Issues

  1. 1 ['Whether the Court should stay orders made by the Full Court on 27 September 1995 pending a proposed challenge in the High Court of Australia.' 'Whether exceptional circumstances or practical reasons justified a stay where employees were said not to be disadvantaged and the Commission could consider an appropriate interim award.']

Ratio Decidendi

The stay was refused because no exceptional circumstances or sound practical reason justified it: Comalco assured the Court that affected employees would not be disadvantaged if no stay were granted, and the Australian Industrial Relations Commission could deal with the matter expeditiously and make an appropriate interim award under s.111 of the Industrial Relations Act 1988 without relying on Part VIC of the Act.

Court Disposition

Application dismissed.

Orders

  • ['The Notice of Motion filed on 28 December 1995 be dismissed.' 'The notice of motion filed on 28 September 1995 is dismissed.']