The AWU-FIME Amalgamated Union v the Honourable Deputy President Simon Williams a member of the Australian Industrial Relations Commission & Construction, Forestry, Mining and Energy Union [1994] IRCA 150

The AWU-FIME Amalgamated Union v the Honourable Deputy President Simon Williams a member of the Australian Industrial Relations Commission & Construction, Forestry, Mining and Energy Union [1994] IRCA 150

There were no circumstances suggesting that Deputy President Williams would not bring an impartial and unprejudiced mind to the appeal. Prior experience and prior decisions, even in matters involving same organisations, did not amount to reasonable apprehension of bias given the nature and functions of the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 December 1994
Procedural Posture
Application for Prohibition (industrial Law) / Final Orders With Reasons Delivered
Outcome
Application for prohibition dismissed
Legal Topics
['natural Justice' 'apprehended Bias' 'industrial Commission Procedure' 'prohibition Applications']
['industrial Law'] ['natural Justice' 'apprehended Bias' 'industrial Commission Procedure' 'prohibition Applications']

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Procedural Posture

Application for Prohibition (industrial Law) / Final Orders With Reasons Delivered

Legal Issues

  1. 1 ['Whether Deputy President Williams should be disqualified for apprehended bias from sitting on the Full Bench hearing the appeal by AWU-FIME']

Ratio Decidendi

There were no circumstances suggesting that Deputy President Williams would not bring an impartial and unprejudiced mind to the appeal. Prior experience and prior decisions, even in matters involving same organisations, did not amount to reasonable apprehension of bias given the nature and functions of the Industrial Relations Commission.

Court Disposition

Application for prohibition dismissed

Orders

  • ['Application for prohibition dismissed']