In the Matter of an application for a Writ of Prohibition & a Writ of Certiorari against Hodder, Errol Raymond, Commissioner of the Australian Industrial Relations Commission & Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union; Ex Parte The Western Australian Mint [1997] FCA 811

In the Matter of an application for a Writ of Prohibition & a Writ of Certiorari against Hodder, Errol Raymond, Commissioner of the Australian Industrial Relations Commission & Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union; Ex Parte The Western Australian Mint [1997] FCA 811

After the Union proved the formal requirements for the existence of an interstate industrial dispute and in the absence of probative evidence from the Mint showing the log of claims was not genuine, the Commission was entitled to find a real and genuine dispute. Criticisms regarding the extravagance of claims and short response time are not evidence that the log was not genuinely advanced. Accordingly, the application for prerogative relief must be dismissed.

Jurisdiction
Australia
Judgment Date
19 August 1997
Procedural Posture
Application for Prerogative Relief (prohibition and Certiorari) / Judgment on Remitted Application After Hearing
Outcome
Application dismissed
Legal Topics
['interstate Industrial Disputes' 'paper Disputes' 'genuineness of Industrial Dispute' 'onus of Proof' 'industrial Relations Act 1988']
['industrial Law'] ['interstate Industrial Disputes' 'paper Disputes' 'genuineness of Industrial Dispute' 'onus of Proof' 'industrial Relations Act 1988']

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Procedural Posture

Application for Prerogative Relief (prohibition and Certiorari) / Judgment on Remitted Application After Hearing

Legal Issues

  1. 1 ['Whether a real and genuine interstate industrial dispute existed between the Union and the Mint' 'What weight ought to be given to the evidence of motivations for service of a log of claims' 'Whether extravagance of the log of claims is evidence of a lack of genuineness' 'Appropriate weight to give to the views of the Australian Industrial Relations Commission']

Ratio Decidendi

After the Union proved the formal requirements for the existence of an interstate industrial dispute and in the absence of probative evidence from the Mint showing the log of claims was not genuine, the Commission was entitled to find a real and genuine dispute. Criticisms regarding the extravagance of claims and short response time are not evidence that the log was not genuinely advanced. Accordingly, the application for prerogative relief must be dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']