Davids Distribution Pty Ltd v Hon Iain Ross [1999] FCA 850

Davids Distribution Pty Ltd v Hon Iain Ross [1999] FCA 850

The Australian Industrial Relations Commission's receipt of notice of initiation of a bargaining period does not constitute dealing with an industrial dispute; the AIRC has no jurisdiction to terminate a bargaining period under s111AAA and its termination powers exist only under s170MW. The application for mandamus compelling the AIRC to terminate the bargaining period initiated by NUW is dismissed.

Jurisdiction
Australia
Judgment Date
25 June 1999
Procedural Posture
Application for Writ of Mandamus / Final Judgment / Application Dismissed
Outcome
Application dismissed
Legal Topics
['mandamus' 'bargaining Period' 'jurisdiction of Australian Industrial Relations Commission' 'certified Agreements' 'termination and Suspension of Bargaining Period']
['industrial Law'] ['mandamus' 'bargaining Period' 'jurisdiction of Australian Industrial Relations Commission' 'certified Agreements' 'termination and Suspension of Bargaining Period']

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Procedural Posture

Application for Writ of Mandamus / Final Judgment / Application Dismissed

Legal Issues

  1. 1 ['Whether the AIRC had power to terminate the bargaining period purportedly initiated by the NUW' 'Whether the receipt of notice of initiation of bargaining period means dealing with an industrial dispute' 'Whether s111AAA of the Workplace Relations Act applies to the initiation of a bargaining period']

Ratio Decidendi

The Australian Industrial Relations Commission's receipt of notice of initiation of a bargaining period does not constitute dealing with an industrial dispute; the AIRC has no jurisdiction to terminate a bargaining period under s111AAA and its termination powers exist only under s170MW. The application for mandamus compelling the AIRC to terminate the bargaining period initiated by NUW is dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed']