Gerrard v Mayne Nickless Ltd [1995] IRCA 25

Gerrard v Mayne Nickless Ltd [1995] IRCA 25

Upon commencement of their application under sections 127A and 127B of the Unamended Act, the applicants acquired an accrued right to have the application heard and determined by the Commission; interim orders made prior to the amendment were also protected as accrued rights under s 8(c) of the Acts Interpretation Act 1901. Therefore, the interim order of 3 February 1994 did not cease to have effect upon the commencement of section 71 of the Industrial Relations Reform Act 1993.

Parties
Applicants: Allan Gerrard & Anor; Respondent: Mayne Nickless Ltd
Jurisdiction
Australia
Judgment Date
08 February 1995
Procedural Posture
Application (representative Proceeding) / Determination of a Separate Question Prior to Full Trial
Outcome
Interim order did not cease to have effect; application for enforcement continues.
Legal Topics
Unfair Contracts for Services, Review by Industrial Relations Commission, Representative Proceedings, Interpretation of Statutory Repeal, Transitional Provisions
Industrial Law Unfair Contracts for Services Review by Industrial Relations Commission Representative Proceedings Interpretation of Statutory Repeal Transitional Provisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

Allan Gerrard & Anor

Applicants

Mayne Nickless Ltd

Respondent

Procedural Posture

Application (representative Proceeding) / Determination of a Separate Question Prior to Full Trial

Legal Issues

  1. 1 Whether the interim order made by Justice Munro on 3 February 1994 ceased to have effect on 30 March 1994 with the coming into operation of section 71 of the Industrial Relations Reform Act 1993.
  2. 2 Whether the rights to have the application determined by the Commission before legislative amendment constituted an accrued right within s 8 of the Acts Interpretation Act 1901.
  3. 3 Whether interim orders made by the Commission prior to legislative amendments are enforceable after the amending Act commences.

Ratio Decidendi

Upon commencement of their application under sections 127A and 127B of the Unamended Act, the applicants acquired an accrued right to have the application heard and determined by the Commission; interim orders made prior to the amendment were also protected as accrued rights under s 8(c) of the Acts Interpretation Act 1901. Therefore, the interim order of 3 February 1994 did not cease to have effect upon the commencement of section 71 of the Industrial Relations Reform Act 1993.

Court Disposition

Interim order did not cease to have effect; application for enforcement continues.

Orders

  • The Court answers the separate question as follows: Did the Interim Order made by Justice Munro on 3 February 1994 cease to have effect on 30 March 1994 on the coming into operation of section 71 of the Industrial Relations Reform Act 1993? Answer: No.
  • The further hearing of the application is adjourned to a directions hearing at 9.45 am on Wednesday 1 March 1995.