Re Australian Workers' Union, Ex parte Construction, Forestry, Mining and Energy Union [2002] FCAFC 150

FEDERAL COURT OF AUSTRALIA

Re Australian Workers' Union, Ex parte Construction, Forestry, Mining and Energy Union [2002] FCAFC 150 INDUSTRIAL LAW – organisations – rules – eligibility for membership – alteration approved by designated Senior Deputy President – decision reversed on appeal by Full Bench – whether denial of natural justice – whether reasonable apprehension of bias arising from findings made by one member of Full Bench in earlier unrelated proceeding – whether Full Bench should have given further opportunity to applicant to be heard after announcing its views as to correctness of decision appealed from and before deciding matter itself – whether failure to identify correctly employees covered by alteration a jurisdictional error – whether conclusion of Full Bench that designated Senior Deputy President had failed to give adequate reasons amounted to jurisdictional error – whether conclusion of Full Bench that convenience of employers not a relevant consideration amounted to jurisdictional error – whether failure of Full Bench to take account of changes to alteration, resulting from agreements reached with objecting organisations, amounted to jurisdictional error. Workplace Relations Act 1996 (Cth) ss 45, 204, 412 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 cited Vetter v Lake Macquarie City Council (2001) 178 ALR 1 cited R v Aird; ex parte Australian Workers' Union (1973) 129 CLR 655 cited Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 followed Re Commonwealth of Australia; ex parte Marks (2000) 177 ALR 491 cited The Queen v Bowen; ex parte Federated Clerks Union of Australia (1984) 154 CLR 207 followed Minister for Immigration & Multicultural Affairs v Yusuf (2001) 180 ALR 1 followed Craig v South Australia (1995) 184 CLR 163 discussed R v Gough; ex parte The Municipal Officers' Association (1975) 133 CLR 59 cited R v Neil; ex parte Cinema International Corporation Pty Ltd (1976) 134 CLR 27 cited R v Holmes; Ex parte Public Service Association (NSW) (1977) 140 CLR 63 cited R v Cohen; ex parte Motor Accidents Insurance Board (1979) 141 CLR 577 cited R v Williams & Ors; ex parte Australian Building Construction Employees' & Builders Labourers' Foundation (1982) 153 CLR 402 cited Re Isaac; ex parte Transport Workers' Union of Australia (1985) 62 ALR 385 cited Linett v Australian Education Union [2002] FCA 157 cited Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 cited Re Federal Firefighters Union (1990) 35 IR 27 cited National Tertiary Education Industry Union v Community and Public Sector Union (1999) 93 IR 365 cited Re Food Preservers' Union of Australia (1988) 79 ALR 138 at 155 cited Re Moore; ex parte Federated Ironworkers' Association of Australia (1990) 95 ALR 509 cited Re Australian Industrial Relations Commission; ex parte Construction, Forestry, Mining and Energy Union (1999) 164 ALR 73 cited Brayson Motors Pty Ltd (in liq) v Commissioner of Taxation (Cth) (1985) 156 CLR 651 cited Comcare Australia v Lees (1997) 151 ALR 647 cited Dornan v Riordan (1990) 24 FCR 564 discussed Livesey v New South Wales Bar Association (1983) 151 CLR 288 cited Stead v State Government Insurance Commission (1986) 161 CLR 141 cited Giretti v Commissioner of Taxation (1996) 70 FCR 151 cited Stollery v The Greyhound Racing Board (1973) 128 CLR 509 cited Re Finance Sector Union of Australia; ex parte Illaton Pty Limited (1992) 66 ALJR 583 cited Re Australian Railways Union; Ex parte Public Transport Corporation (1993) 117 ALR 17 cited Re Building Workers' Industrial Union of Australia; Ex parte Gallagher (1988) 62 ALJR 81 cited Re Association of Architects of Australia; Ex parte Municipal Officers Association of Australia (1989) 63 ALJR 298 cited Sullivan v Department of Transport (1978) 20 ALR 323 cited Amadio Pty Ltd v Henderson (1998) 81 FCR 149 cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited The Queen v Commissioners for Special Purposes of the Income Tax (1888) 21 QBD 313 cited The Queen v Gray; Ex parte Marsh (1985) 157 CLR 351 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited