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

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

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

INDUSTRIAL LAW – constitutional writs – application to Australian Industrial Relations Commission under s 170MW of Workplace Relations Act 1996 (Cth) for termination of bargaining period – application heard by Commissioner – respondent applied to Commission to reopen hearing – application refused – whether Commission erred INDUSTRIAL LAW – meaning of "kind of employees" as used in s 170MW(7) of Workplace Relations Act 1996 (Cth) WORDS AND PHRASES – "kind of employees" Workplace Relations Act 1996 (Cth) ss 98A, 110, 111(1)(g), 170LG, 170MI, 170MU, 170MV, 170MW, 170MX Federal Court Rules O 51A r 5 Re Queensland Electricity Commission; Ex parte Electrical Trades Union of Australia (1987) 61 ALJR 393 at 399 cited Re Australian Bank Employees Union; Ex parte Citicorp Australia Ltd (1989) 167 CLR 513 cited Re Media, Entertainment and Arts Alliance & Anor; Ex parte Arnel & Ors (1993-4) 179 CLR 84 cited Buck v Bavone (1976) 135 CLR 110 cited Minister for Immigration & Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited Community and Public Sector Union v Australian Prudential Regulation Authority (Print S7131) cited Re Australian Prudential Regulatory Authority (Print SO966) referred to Crozier, in the matter of an application for Writs of Certiorari and Mandamus against the Australian Industrial Relations Commission [2001] FCA 1665 cited Professional Officers' Association Victoria in the matter of an application for Writs of Prohibition, Mandamus and Certiorari (No. 2) [2001] FCA 562 applied Re Refugee Review Tribunal; Ex parte Aala (2000) 75 ALJR 52 cited R v Marks; Ex Parte Australian Building Construction Employees and Builders' Labourers Federation (1981) 147 CLR 471 cited Re Minister for Immigration & Multicultural Affairs; Re Miah (2001) 75 ALJR 889 cited Aronson "The Resurgence of Jurisdictional Facts" (2001) 12 Public Law Review 17 CONSTRUCTION, FORESTRY MINING AND ENERGY UNION, IN THE MATTER OF AN APPLICATION FOR WRITS OF CERTIORARI, PROHIBITION AND MANDAMUS V646 of 2001