Ward, John v Commissioner of Police [1998] FCA 9

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW - Whether an aboriginal aide appointed under the Police Act 1892 (WA) was in employment for the purposes of Divisions 3 of Part VIA of the Industrial Relations Act 1988 - applicability of the Convention Concerning Termination of Employment at the Initiative of the Employer and Division 3 of Part VIA to member of a state police force STATUTORY INTERPRETATION - Use of regulations in interpreting legislation CONSTITUTIONAL LAW - whether provisions of federal legislation concerning unlawful termination of employment are valid laws of the Commonwealth as they might apply to members of a state police force Convention Concerning Termination of Employment at the Initiative of the Employer, Arts 2, 3 Industrial Relations Act 1988, ss170EA, 170ED, 170DC, 170DE(1), 170CC Industrial Relations Reform Act 1993 Police Act 1892 (WA), s 38A(1)(b)

Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379, referred. Cook v Commissioner of Police (1996) 66 IR 361, referred. Hanlon v The Law Society [1981] AC 124, discussed. Re Australian Education Union & Ors; Ex Parte The State of Victoria & Anor (1995) 184 CLR 188, referred. Re Australian Federal Police Association (No. 2) (1993) 51 IR 122, referred. Victoria v The Commonwealth (1996) 187 CLR 416, discussed. JOHN WARD v COMMISSIONER OF POLICE WI 1137 of 1996

MOORE J

SYDNEY (hEARD IN pERTH)

14 January 1998

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WI 1137 of 1996

BETWEEN: JOHN WARD

Applicant

AND: COMMISSIONER OF POLICE

Respondent

JUDGE: MOORE J

DATE OF ORDER: 14 January 1998

WHERE MADE: Sydney (heard in PERTH)

The court orders:

1. The Court answers the following questions:

(i) Question: Was the applicant, being an aboriginal aide appointed under s 38A(1)(b) of the Police Act 1892 (WA), a person whose employment had been terminated by the respondent within the meaning of s 170EA(1) of the Industrial Relations Act 1988 (Cth).