Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission [2007] FCAFC 32

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission [2007] FCAFC 32

WORKPLACE RELATIONS – industrial dispute – pre Work Choices Amendment – decision of Industrial Relations Commission – determination that employees within eligibility rule of Union – determination that industrial dispute exists – appeal to Full Bench allowed – application to High Court for mandamus and certiorari against Full Bench – remitted to Federal Court – effect of Work Choices amendments to Workplace Relations Act 1996 – statutory lapsing of undetermined appeals to Full Bench on existence of industrial disputes – no legal duty enforceable by mandamus – no basis for certiorari in jurisdiction under s 847(3) of WRA 1996 – alternative jurisdiction - matter arising under law made by the parliament – certiorari unavailable as no legal consequences attaching to Full Bench decision – alternative declaratory relief sought – substituted determination – relief neither available nor appropriate – effect of privative provision CONSTITUTIONAL LAW - original jurisdiction of High Court – s 75(v) Constitution – mandamus, prohibition or injunction against officer of the Commonwealth – whether and when certiorari available – effect of remitter to Federal Court – whether additional jurisdiction of Federal Court may be invoked COURTS AND JUDGES - jurisdiction, powers and remedies – mandamus, prohibition or injunction against officers of the Commonwealth – when certiorari available – source of jurisdiction on remitter – whether additional jurisdiction may be invoked after remitter – available of certiorari and/or declaratory relief in jurisdiction with respect to matters arising under any law made by the Parliament

Workplace Relations Act 1996 (Cth) s 4, s 99, s 101, s 45, s 847 Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Judiciary Act 1903 (Cth) s 44, s 39B Federal Court of Australia Act 1976 (Cth) s 23 Acts Interpretation Act 1901 (Cth) s 8