Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALTA QUEENSLAND DISTRICT REGISTRY
INDUSTRIAL DIVISION
BETWEEN:
Ryan J
Brisbane
15 July 1992
JUDGMENT No. ol. QJ Brunl aunt Zuon
) No Q14 of 1992 ) )
VICTORIA JANE McJANNET
(First Applicant)
CHARLES HENRY LIVINGSTONE (Second Applicant)
MEDIA, ENTERTAINMENT AND ARTS ALLIANCE
a reqistered Industrial Organisation of Employees pursuant to the Industrial
Relations Act 1988
(Third Applicant) HERBERT WHITE, ARTHUR WESTBROOK, JAMES BEATTIE, MACQUARIE HAYWARD WILLIAM MORRIS and EDWARD EASTON
(First Respondent)
QUEENSLAND BRANCH OF THE AUSTRALIAN THEATRICAL &
AMUSEMENT UNION OF EMPLOYEES
(Second Respondent)
AUSTRALIAN WORKERS UNION OF EMPLOYEES
(Intervener)
EX TEMPORE REASONS FOR JUDGMENT
Application has
been made by the Minister for
Employment, Training and Industrial Relations for the State of
Queensland for leave to intervene in these proceedings. The
-2- application is made pursuant to 5.59 of the Industrial
Relations Act 1988 which provides:
"Where the Court is of the opinion that an organisation, person or body should be heard in a proceeding before the Court in a matter arising under this Act, the Court may grant leave to the organisation, person'or body to intervene in the proceeding."
The application has been opposed by the applicants in the substantive matter, first on the ground that the Attorney- General for the State of Queensland has not so far chosen to exercise his statutory right to intervene in these proceedings
pursuant to s.78A of the Judiciary Act. In the second place, opposition has been based on general discretionary considerations which are clearly available under s.59. The grounds on which the opinion, which is the pre-requisite to the grant of leave under s.59, may be formed are left
completely at large by the terms of the section.
I agree, with respect, with what was said by a Full Court of
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