Visscher v Australian Industrial Relations Commission [2005] FCAFC 252

FEDERAL COURT OF AUSTRALIA

Visscher v Australian Industrial Relations Commission [2005] FCAFC 252 WORKPLACE RELATIONS – Employment – Claim of harsh, unjust or unreasonable termination of employment – Application for prerogative relief in relation to decisions of Australian Industrial Relations Commission – Issue about applicant's medical fitness for work as a 'seafarer' – Whether a certificate of medical fitness issued pursuant to Part 9 of Marine Orders under Navigation Act should have been regarded as conclusive of this question – Whether there was jurisdictional error in respect of rejection of evidence. Workplace Relations Act 1996 (Cth) ss 45(6), 170CE(1) Navigation Act 1912 (Cth) ss 123, 124, 425(1AA) Marine Orders Part 9

TIMOTHY VISSCHER v THE HONOURABLE JUSTICE MUNRO, THE HONOURABLE SENIOR DEPUTY PRESIDENT DUNCAN, COMMISSIONER ROBERTS AND COMMISSIONER RAFFAELLI OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AND THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION and BHP PETROLEUM PTY LTD

NSD 1727 of 2004

WILCOX, SPENDER and GRAHAM JJ 2 DECEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1727 of 2004

BETWEEN: TIMOTHY VISSCHER

APPLICANT

AND: THE HONOURABLE JUSTICE MUNRO, THE HONOURABLE SENIOR DEPUTY PRESIDENT DUNCAN, COMMISSIONER ROBERTS AND COMMISSIONER RAFFAELLI OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AND THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

FIRST RESPONDENTS

BHP PETROLEUM PTY LTD

SECOND RESPONDENT

JUDGES: WILCOX, SPENDER and GRAHAM JJ

DATE OF ORDER: 2 DECEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. An order nisi be granted. 2. The application for prerogative orders be refused. 3. The proceeding be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.