Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission [2007] FCAFC 32

Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission [2007] FCAFC 32

As the relevant industrial dispute appeal proceedings had lapsed by operation of transitional provisions of the Workplace Relations Regulations 2006 and no enforceable legal duty remained, neither mandamus nor certiorari could issue. Declaratory or substitutive relief was not available or appropriate in view of the nature and scope of the proceedings and the privative clause in the pre-amendment legislation.

Parties
Applicant: Construction, Forestry, Mining and Energy Union; First Respondent: Australian Industrial Relations Commission; Second Respondent: Dyno Nobel Asia Pacific Limited (ACN 000 269 010)
Jurisdiction
Australia
Judgment Date
19 March 2007
Procedural Posture
Workplace Relations Industrial Dispute / Federal Court Judgment After Remitter From High Court
Outcome
Application dismissed
Legal Topics
Industrial Dispute Determination, Judicial Review Certiorari and Mandamus, Jurisdiction on Remittal, Privative Provisions, Declaratory Relief
Workplace Relations Constitutional Law Courts and Judges Industrial Dispute Determination Judicial Review Certiorari and Mandamus Jurisdiction on Remittal Privative Provisions Declaratory Relief

Case Brief

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Parties

Construction, Forestry, Mining and Energy Union

Applicant

Australian Industrial Relations Commission

First Respondent

Dyno Nobel Asia Pacific Limited (ACN 000 269 010)

Second Respondent

Procedural Posture

Workplace Relations Industrial Dispute / Federal Court Judgment After Remitter From High Court

Legal Issues

  1. 1 Whether the decision of the Full Bench of the Australian Industrial Relations Commission should be quashed by certiorari following alleged jurisdictional error in construing union eligibility rules
  2. 2 Whether mandamus should issue requiring the Full Bench to redetermine the matter
  3. 3 Whether declaratory relief regarding membership eligibility is available

Ratio Decidendi

As the relevant industrial dispute appeal proceedings had lapsed by operation of transitional provisions of the Workplace Relations Regulations 2006 and no enforceable legal duty remained, neither mandamus nor certiorari could issue. Declaratory or substitutive relief was not available or appropriate in view of the nature and scope of the proceedings and the privative clause in the pre-amendment legislation.

Court Disposition

Application dismissed

Orders

  • The application for leave to amend the application is dismissed.
  • The application is dismissed.