Re McKenzie; Ex parte A/asian Meat Industry Employees' Union [1984] HCA 37

Re McKenzie; Ex parte A/asian Meat Industry Employees' Union [1984] HCA 37

There was insufficient evidence that the Commissioner exercised conciliation powers in the manner contemplated by s 22(2); therefore, he was not required to disqualify himself from arbitrating the dispute.

Jurisdiction
Australia
Procedural Posture
Application for Prerogative Writs / Return of Order Nisi
Outcome
order nisi discharged
Legal Topics
['conciliation and Arbitration' 'disqualification of Commissioner']
['industrial Law'] ['conciliation and Arbitration' 'disqualification of Commissioner']

Case Brief

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Procedural Posture

Application for Prerogative Writs / Return of Order Nisi

Legal Issues

  1. 1 ['Whether Mr Commissioner McKenzie exercised the powers of the Commission with respect to conciliation in the relevant matters within the meaning of s 22(2) of the Conciliation and Arbitration Act 1904 Cth' 'Whether Mr Commissioner McKenzie was required to disqualify himself from exercising arbitration powers upon objection']

Ratio Decidendi

There was insufficient evidence that the Commissioner exercised conciliation powers in the manner contemplated by s 22(2); therefore, he was not required to disqualify himself from arbitrating the dispute.

Court Disposition

order nisi discharged

Orders

  • []