Comalco Aluminium (Bell Bay) Limited v The Honourable Deidre 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 - First Respondents and The Australian Workers Union - Federation of Industrial, Manufacturing and Engineering Employees Amalgamated Union; Automotive, Food, Metals and Engineering Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union - Second Respondents [1995] IRCA 540

Comalco Aluminium (Bell Bay) Limited v The Honourable Deidre 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 - First Respondents and The Australian Workers Union - Federation of Industrial, Manufacturing and Engineering Employees Amalgamated Union; Automotive, Food, Metals and Engineering Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union - Second Respondents [1995] IRCA 540

The Full Bench of the Australian Industrial Relations Commission erred in law by proceeding on the fundamental misapprehension that the 1991 Award was a 'paid rates award' within the statutory definition, and consequently treated mandatory obligations in Part VIC as applicable, when they were not. This constituted a jurisdictional error, not cured by the Act's privative clause, and warranted the issuing of writs of prohibition, certiorari, and mandamus.

Jurisdiction
Australia
Judgment Date
27 September 1995
Procedural Posture
Application for Prerogative Relief (prohibition, Certiorari, Mandamus) / Final Judgment on Remittal From High Court
Outcome
Application allowed. Relief granted.
Legal Topics
['industrial Disputes' 'arbitration' 'paid Rates Awards' 'jurisdictional Error' 'privative Clause' 'statutory Interpretation' 'constitutional Validity']
['industrial Law' 'constitutional Law'] ['industrial Disputes' 'arbitration' 'paid Rates Awards' 'jurisdictional Error' 'privative Clause' 'statutory Interpretation' 'constitutional Validity']

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Procedural Posture

Application for Prerogative Relief (prohibition, Certiorari, Mandamus) / Final Judgment on Remittal From High Court

Legal Issues

  1. 1 ['Whether the Commission was entitled to exercise arbitration powers in this case;' "Whether the relevant awards were 'paid rates awards' for the purposes of the Act;" 'Whether ss.170UB and 170UC of the Industrial Relations Act are constitutionally valid;' "Whether the Full Bench's error as to classification of the award constitutes jurisdictional error;" 'Whether the effect of the privative clause (s.150) prevents prerogative relief;']

Ratio Decidendi

The Full Bench of the Australian Industrial Relations Commission erred in law by proceeding on the fundamental misapprehension that the 1991 Award was a 'paid rates award' within the statutory definition, and consequently treated mandatory obligations in Part VIC as applicable, when they were not. This constituted a jurisdictional error, not cured by the Act's privative clause, and warranted the issuing of writs of prohibition, certiorari, and mandamus.

Court Disposition

Application allowed. Relief granted.

Orders

  • ['Writ of prohibition prohibiting the named Commission members from further proceedings in relation to the Aluminium Industry (Comalco Bell Bay Companies) Interim Award 1994;' 'Writ of certiorari requiring the relevant records to be brought in and the interim award made on 22 December 1994 to be quashed;' 'Writ of...