Gordonstone Coal Management Pty Ltd v Australian Industrial Relations Commission [1999] FCA 797

Gordonstone Coal Management Pty Ltd v Australian Industrial Relations Commission [1999] FCA 797

Because the Full Bench's direction would have left Commissioner Hodder to deal with the notifications on the erroneous basis that action under cl 22 was not subject to s 89A(1) of the Workplace Relations Act 1996 (Cth), a writ of prohibition should issue to require the disputes to be dealt with on the basis that s 89A applies. Given that the Union succeeded on two substantive issues and Gordonstone succeeded on the s 89A issue, each party should bear its own costs.

Jurisdiction
Australia
Judgment Date
18 June 1999
Procedural Posture
Proceeding for Writs of Certiorari and Prohibition Concerning the Australian Industrial Relations Commission's Jurisdiction / Reasons for Judgment on Costs and Relief Following Substantive Reasons
Outcome
A writ of prohibition issued and each party was ordered to bear its own costs.
Legal Topics
['workplace Relations Act 1996 (cth) S 89 A' 'certified Agreement Dispute Resolution Procedures' 'jurisdiction of the Australian Industrial Relations Commission' 'writ of Prohibition' 'costs']
['industrial Relations' 'administrative Law'] ['workplace Relations Act 1996 (cth) S 89 A' 'certified Agreement Dispute Resolution Procedures' 'jurisdiction of the Australian Industrial Relations Commission' 'writ of Prohibition' 'costs']

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Procedural Posture

Proceeding for Writs of Certiorari and Prohibition Concerning the Australian Industrial Relations Commission's Jurisdiction / Reasons for Judgment on Costs and Relief Following Substantive Reasons

Legal Issues

  1. 1 ["Whether relief should be granted after the Court concluded that the Commission's determination of disputes under the certified agreement was subject to s 89A(1) of the Workplace Relations Act 1996 (Cth)." 'Whether writs of certiorari and prohibition should issue or the order nisi should simply be discharged.' 'What costs order should be made where Gordonstone succeeded on the s 89A issue and the Union succeeded on two other substantive issues.']

Ratio Decidendi

Because the Full Bench's direction would have left Commissioner Hodder to deal with the notifications on the erroneous basis that action under cl 22 was not subject to s 89A(1) of the Workplace Relations Act 1996 (Cth), a writ of prohibition should issue to require the disputes to be dealt with on the basis that s 89A applies. Given that the Union succeeded on two substantive issues and Gordonstone succeeded on the s 89A issue, each party should bear its own costs.

Court Disposition

A writ of prohibition issued and each party was ordered to bear its own costs.

Orders

  • ['A writ of prohibition issue directed to the first respondent prohibiting it from proceeding further in relation to notifications of dispute C No 20404 of 1997 and C No 40189 of 1997 otherwise than on the basis that s 89A of the Workplace Relations Act 1996 (Cth) applies to the determination of those disputes.'...