State of Victoria and John MacBean, a Senior Deputy President of the Australian Industrial Relations Commission and Health Services Union of Australia [1996] IRCA 77

State of Victoria and John MacBean, a Senior Deputy President of the Australian Industrial Relations Commission and Health Services Union of Australia [1996] IRCA 77

The applicant has not demonstrated that it would be right for the Court to intervene, as refusal of a stay does not cause permanent loss of opportunity to negotiate, grant of stay would deprive employees of benefits, and inconvenience of payment and possible recovery is not substantial. Both applications for a stay should be dismissed.

Jurisdiction
Australia
Judgment Date
21 February 1996
Procedural Posture
Application for Stay of Proceedings and Award / Decision on Stay Applications
Outcome
Applications for stays dismissed
Legal Topics
['application to Stay Operation of Award' 'proceeding to Quash Award']
['industrial Law'] ['application to Stay Operation of Award' 'proceeding to Quash Award']

Case Brief

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Procedural Posture

Application for Stay of Proceedings and Award / Decision on Stay Applications

Legal Issues

  1. 1 ['Whether a stay should be granted pending determination of constitutional validity of s.170PP(3) Industrial Relations Act 1988' 'Whether refusal of stay would cause permanent loss of opportunity to negotiate settlement' 'Whether the inconvenience of having to pay and recover wages if challenge succeeds warrants a stay']

Ratio Decidendi

The applicant has not demonstrated that it would be right for the Court to intervene, as refusal of a stay does not cause permanent loss of opportunity to negotiate, grant of stay would deprive employees of benefits, and inconvenience of payment and possible recovery is not substantial. Both applications for a stay should be dismissed.

Court Disposition

Applications for stays dismissed

Orders

  • ['The application for a stay of further proceedings in matter C No 31432 of 1993 remitted to this Court by the High Court of Australia by order made on 2 February 1996 is dismissed.' "The motion the subject of the applicant's notice of motion filed on 16 February 1996 is dismissed."]