Re Amalgamated Metal Workers' Union; Ex parte Horwood Bagshaw Ltd

Re Amalgamated Metal Workers' Union; Ex parte Horwood Bagshaw Ltd

The Company failed to make out a prima facie case for prerogative relief because it was aware that variation of the Award was a real possibility and therefore was not denied natural justice, and because the Commissioner's variation of cl 42 clarified the intended operation of the Award in settling the industrial dispute rather than enforcing the Award or ordering severance payments, so it was not an exercise of judicial power.

Jurisdiction
Australia
Procedural Posture
Application for Writs of Prohibition, Certiorari and Mandamus / Application Refused
Outcome
Application refused.
Legal Topics
['natural Justice' 'prerogative Writs' 'australian Conciliation and Arbitration Commission' 'variation of Award' 'judicial Power' 'redundancy' 'severance Pay']
['industrial Law' 'administrative Law' 'constitutional Law'] ['natural Justice' 'prerogative Writs' 'australian Conciliation and Arbitration Commission' 'variation of Award' 'judicial Power' 'redundancy' 'severance Pay']

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Procedural Posture

Application for Writs of Prohibition, Certiorari and Mandamus / Application Refused

Legal Issues

  1. 1 ['Whether Commissioner Brown denied natural justice to Horwood Bagshaw Ltd by failing, after the November 1986 hearings, to inform the parties that he proposed to vary the relevant Award.' 'Whether Commissioner Brown, by varying cl 42 of the Award, in substance exercised judicial power by declaring entitlement under an existing award provision.']

Ratio Decidendi

The Company failed to make out a prima facie case for prerogative relief because it was aware that variation of the Award was a real possibility and therefore was not denied natural justice, and because the Commissioner's variation of cl 42 clarified the intended operation of the Award in settling the industrial dispute rather than enforcing the Award or ordering severance payments, so it was not an exercise of judicial power.

Court Disposition

Application refused.

Orders

  • ['The application is refused.']