Moore, Re; Ex parte Co-operative Bulk Handling Ltd

Moore, Re; Ex parte Co-operative Bulk Handling Ltd

Error in the weight given to relevant considerations by the Commission does not amount to jurisdictional error unless the decision is so unreasonable that no reasonable tribunal could have reached it. No such error was established here.

Jurisdiction
Australia
Procedural Posture
Application for Prohibition / Decision on Application
Outcome
application refused; motion dismissed
Legal Topics
['jurisdiction of Australian Conciliation and Arbitration Commission' 'exercise of Discretion Under S 41(1)(d) of Conciliation and Arbitration Act 1904']
['industrial Law'] ['jurisdiction of Australian Conciliation and Arbitration Commission' 'exercise of Discretion Under S 41(1)(d) of Conciliation and Arbitration Act 1904']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Prohibition / Decision on Application

Legal Issues

  1. 1 ['Whether the Commission considered extraneous matters or failed to consider matters it was bound to consider' 'Whether undue weight was given to employee wishes under s 41(1)(d) Conciliation and Arbitration Act 1904' 'Whether failure to give sufficient weight to certain matters was grounds for prohibition']

Ratio Decidendi

Error in the weight given to relevant considerations by the Commission does not amount to jurisdictional error unless the decision is so unreasonable that no reasonable tribunal could have reached it. No such error was established here.

Court Disposition

application refused; motion dismissed

Orders

  • ['application refused' 'motion dismissed']