Irris Makler v Australian Broadcasting Corporation [2001] NSWIRComm 83

Irris Makler v Australian Broadcasting Corporation [2001] NSWIRComm 83

The Commission lacks jurisdiction under s 106 of the Industrial Relations Act 1996 to vary or avoid terms and conditions of employment determined by the ABC under s 32 of the Australian Broadcasting Corporation Act 1983, as this would constitute a direct inconsistency with the Commonwealth law and is invalid under s 109 of the Constitution.

Parties
Applicant: Irris Makler; Respondent: Australian Broadcasting Corporation
Jurisdiction
Australia
Judgment Date
27 April 2001
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Notices of Motion
Outcome
Application dismissed/struck out for want of jurisdiction
Legal Topics
Unfair Contract, Jurisdiction, Inconsistency Between Commonwealth and State Law, Employment Contract Terms and Conditions
Industrial Law Constitutional Law Unfair Contract Jurisdiction Inconsistency Between Commonwealth and State Law Employment Contract Terms and Conditions

Case Brief

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Parties

Irris Makler

Applicant

Australian Broadcasting Corporation

Respondent

Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Notices of Motion

Legal Issues

  1. 1 Whether the Industrial Relations Commission of New South Wales has jurisdiction to grant relief under s 106 of the Industrial Relations Act 1996 against the ABC given s 32 of the Australian Broadcasting Corporation Act 1983 and s 109 of the Australian Constitution
  2. 2 Whether interlocutory relief can be granted restraining the ABC from recalling the applicant from Moscow

Ratio Decidendi

The Commission lacks jurisdiction under s 106 of the Industrial Relations Act 1996 to vary or avoid terms and conditions of employment determined by the ABC under s 32 of the Australian Broadcasting Corporation Act 1983, as this would constitute a direct inconsistency with the Commonwealth law and is invalid under s 109 of the Constitution.

Court Disposition

Application dismissed/struck out for want of jurisdiction

Orders

  • The summons filed by the applicant is struck out.
  • The applicant's notice of motion for interlocutory relief is dismissed as sought in these proceedings.