Re Construction, Forestry, Mining Energy Union; Ex parte WJ Deane & Sons Pty Ltd [1994] HCA 53
Jurisdiction of the Australian Industrial Relations Commission to make an award vested only if a valid, properly authorized interstate industrial dispute existed at the time of finding. Subsequent ratification of union demands was insufficient to cure defects in authority; the dispute did not exist on the materials before the Court. Prohibition and certiorari relief were therefore granted.
- Jurisdiction
- Australia
- Procedural Posture
- Application for Prohibition and Certiorari / Final Judgment by High Court
- Legal Topics
- ['jurisdiction of Commission' 'ratification of Union Demands' 'industrial Disputes']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application for Prohibition and Certiorari / Final Judgment by High Court
Legal Issues
- 1 ['Whether subsequent ratification of union demands can establish existence of an interstate industrial dispute for jurisdiction' 'Whether evidence existed of a real and genuine industrial dispute extending beyond one State' 'Whether the circumstances justified withholding relief by way of prohibition']
Ratio Decidendi
Jurisdiction of the Australian Industrial Relations Commission to make an award vested only if a valid, properly authorized interstate industrial dispute existed at the time of finding. Subsequent ratification of union demands was insufficient to cure defects in authority; the dispute did not exist on the materials before the Court. Prohibition and certiorari relief were therefore granted.
Court Disposition
Orders
- []
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment