Can, Lu v. Martin, Robyn & Anor [1995] FCA 533

CATCHWORDS INDUSTRIAL LAW - Grievance board established under an award - constituted by a member of the Industrial Relations Commission - whether an officer of the Commonwealth under paragraph 75(v) of the Constitution - whether grievance board had jurisdiction and power to order reinstatement Industrial Relations Act 1988 s412 The Constitution s75(v) Hilton v Wells (1985) 157 CLR 57 Re Federated Storeman and Packers Union of Australia Ex parte Wooldumpers (Victoria) Ltd (1989) 166 CLR 111 Re Boyne Smelters Ltd Ex parte Federation of Industrial Manufacturing and Engineering Employers of Australia (1993) 177 CLR 446 IN THE MATTER of an application for writs of certiorari and mandamus against a Full Bench of the Australian Industrial Relations Commission and writs of certiorari and prohibition against Commissioner Leary THE FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - First Respondent COMMISSIONER LEARY - Second Respondent THE AUSTRALIAN FEDERATION OF AIRLINE PILOTS - Third Respondent Ex Parte: BRISTOW HELICOPTERS AUSTRALIA PTY LTD No WI 1131 of 1995 NORTHROP, SPENDER AND LEE JJ PERTH 28 JULY 1995

IN THE INDUSTRIAL RELATIONS ) COURT OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) No. WI 1131 of 1995 B E T W E E N: IN THE MATTER of an application for writs of certiorari and mandamus against a Full Bench of the Australian Industrial Relations Commission and writs of certiorari and prohibition against Commissioner Leary THE FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - First Respondent COMMISSIONER LEARY - Second Respondent THE AUSTRALIAN FEDERATION OF AIRLINE PILOTS - Third Respondent Ex Parte: BRISTOW HELICOPTERS AUSTRALIA PTY LTD - Applicant/Prosecutor