State of Queensland v Australian Industrial Realations Commission [2000] FCA 1654

State of Queensland v Australian Industrial Realations Commission [2000] FCA 1654

Once a union had been found to be party to an industrial dispute before s 111AAA commenced, it had a substantive (though inchoate or contingent) right to have the dispute arbitrated by the Commission. Section 111AAA did not operate to abrogate such accrued rights retrospectively, as no contrary intention was disclosed in the amending legislation, and the interpretive protection under s 8(c) of the Acts Interpretation Act applies. Accordingly, applications invoking s 111AAA could not override proceedings already at the arbitration stage.

Jurisdiction
Australia
Judgment Date
20 November 2000
Procedural Posture
Application for Prerogative Writs (prohibition, Mandamus, Certiorari) / Final Judgment on Remitter From High Court
Outcome
Applications dismissed
Legal Topics
['operation of S 111 AAA Workplace Relations Act' 'effect of Implied Repeal' 'accrued Rights Under Repealed Legislation' 'retrospectivity' 'acts Interpretation Act S 8']
['industrial Law' 'administrative Law'] ['operation of S 111 AAA Workplace Relations Act' 'effect of Implied Repeal' 'accrued Rights Under Repealed Legislation' 'retrospectivity' 'acts Interpretation Act S 8']

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Procedural Posture

Application for Prerogative Writs (prohibition, Mandamus, Certiorari) / Final Judgment on Remitter From High Court

Legal Issues

  1. 1 ['Effect of s 111AAA of Workplace Relations Act 1996 on proceedings commenced prior to its enactment' 'Whether s 111AAA impliedly repeals s 104' 'Whether s 111AAA operates retrospectively' 'Whether parties have substantive right to have matters determined after finding of industrial dispute' 'Application of s 8(c) of Acts Interpretation Act 1901' 'Whether contrary intention is disclosed by legislation']

Ratio Decidendi

Once a union had been found to be party to an industrial dispute before s 111AAA commenced, it had a substantive (though inchoate or contingent) right to have the dispute arbitrated by the Commission. Section 111AAA did not operate to abrogate such accrued rights retrospectively, as no contrary intention was disclosed in the amending legislation, and the interpretive protection under s 8(c) of the Acts Interpretation Act applies. Accordingly, applications invoking s 111AAA could not override proceedings already at the arbitration stage.

Court Disposition

Applications dismissed

Orders

  • ['The application in Q95 of 1999 be dismissed' 'The application in Q195 of 1999 be dismissed' 'The application in Q218 of 1999 be dismissed']