Construction, Forestry, Mining & Energy Union v Australian Industrial Relations Commission [2003] FCAFC 196

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining & Energy Union v Australian Industrial Relations Commission [2003] FCAFC 196

INDUSTRIAL LAW – application for consent to alterations in union's eligibility rules – consent granted by designated Presidential Member but consent set aside on appeal to Full Bench of Australian Industrial Relations Commission – on application for prerogative relief decision of Full Bench set aside – on return to Full Bench application made by union to call further evidence and to obtain approval of a further modified form of rule – application refused – whether Full Bench misapprehended its powers and jurisdiction

Workplace Relations Act 1996 (Cth) ss 45 and 204

Re Australian Workers' Union; ex parte Construction, Forestry Mining and Energy Union [2002] FCAFC 150; (2002) 120 FCR 527 – cited Re Coldham; Ex parte Brideson (1990) 170 CLR 267 – cited Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172 - cited Craig v The State of South Australia (1995) 184 CLR 163 - cited Abebe v Commonwealth of Australia [1999] HCA 14; (1999) 197 CLR 510 - cited CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION CONSISTING OF THE HONOURABLE ANTHONY McINTYRE, VICE-PRESIDENT, THE HONOURABLE COLIN POLITES, SENIOR DEPUTY PRESIDENT AND DOMINICA WHELAN, COMMISSIONER & ORS N474 of 2003 WILCOX, MARSHALL and MERKEL JJ 22 AUGUST 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N474 of 2003

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

APPLICANT

AND: FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION CONSISTING OF THE HONOURABLE ANTHONY McINTYRE, VICE-PRESIDENT, THE HONOURABLE COLIN POLITES, SENIOR DEPUTY PRESIDENT AND DOMINICA WHELAN, COMMISSIONER