Construction, Forestry, Mining & Energy Union, in the matter of an application for Writs of Certiorari, Prohibition & Mandamus [2002] FCAFC 70; [2002] FCA 301

Construction, Forestry, Mining & Energy Union, in the matter of an application for Writs of Certiorari, Prohibition & Mandamus [2002] FCAFC 70; [2002] FCA 301

The Union failed to establish any reviewable jurisdictional error in the Australian Industrial Relations Commission's handling of the termination of the bargaining periods under s 170MW of the Workplace Relations Act 1996 (Cth), including the Commission's construction of 'kind of employees' and its decisions on procedural matters. Discretionary factors also militated against relief as the substantive matters were resolved in later proceedings and no denial of procedural fairness sufficient to grant constitutional writs was found. The application for orders nisi was dismissed.

Jurisdiction
Australia
Judgment Date
20 March 2002
Procedural Posture
Application for Constitutional Writs (certiorari, Prohibition, Mandamus) / On Remittal From High Court, Determination at Federal Court, Full Court
Outcome
application dismissed
Legal Topics
['procedural Fairness' 'certiorari' 'prohibition' 'mandamus' 'workplace Relations Act' 'jurisdictional Fact' 'paid Rates Award' 'termination of Bargaining Periods']
['industrial Law' 'administrative Law' 'constitutional Law'] ['procedural Fairness' 'certiorari' 'prohibition' 'mandamus' 'workplace Relations Act' 'jurisdictional Fact' 'paid Rates Award' 'termination of Bargaining Periods']

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Procedural Posture

Application for Constitutional Writs (certiorari, Prohibition, Mandamus) / On Remittal From High Court, Determination at Federal Court, Full Court

Legal Issues

  1. 1 ['Whether the applicant/prosecutor was denied procedural fairness before the Commission' 'Whether the Commission failed to provide reasons as required' "Proper construction of 'kind of employees' in s 170MW(7) of the Workplace Relations Act 1996 (Cth)" 'Whether jurisdictional error occurred entitling applicant to prerogative relief']

Ratio Decidendi

The Union failed to establish any reviewable jurisdictional error in the Australian Industrial Relations Commission's handling of the termination of the bargaining periods under s 170MW of the Workplace Relations Act 1996 (Cth), including the Commission's construction of 'kind of employees' and its decisions on procedural matters. Discretionary factors also militated against relief as the substantive matters were resolved in later proceedings and no denial of procedural fairness sufficient to grant constitutional writs was found. The application for orders nisi was dismissed.

Court Disposition

application dismissed

Orders

  • ['The application for orders nisi is dismissed.' 'There be no order as to costs.']