Rescrete Industries Pty Ltd v Commissioner Jones of the Australian Industrial Relations Commission [1998] FCA 930

FEDERAL COURT OF AUSTRALIA

INDUSTRIAL LAW – application for writs of certiorari and prohibition directed to members of the Australian Industrial Relations Commission – whether dispute created by the service of log of claims –– whether eligibility rules of the union comprehended employees of the type employed by the applicant – onus on applicant to establish lack of jurisdiction – need for evidence to establish lack of jurisdiction The Queen v Commonwealth Conciliation and Arbitration Commission; Ex parte Melbourne and Metropolitan Tramways Board (1965) 113 CLR 228 R v Alley; Ex parte NSW Plumbers and Gasfitters Employees' Union (1981) 153 CLR 376 Re Union of Postal Clerks and Telegraphists; Ex parte Australian Telephone and Phonogram Officers' Association (1986) 66 ALR 227

RESCRETE INDUSTRIES PTY LIMITED v COMMISSIONER JONES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION, JUSTICE MUNRO, SENIOR DEPUTY PRESIDENT MARSH AND COMMISSIONER LARKIN OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION, CONSTRUCTION, FORESTRY, MINING ENERGY UNION and AUSTRALIAN WORKERS UNION NG 986 of 1997 BEAUMONT, O'CONNOR AND MOORE JJ 6 AUGUST 1998 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 986 of 1997

BETWEEN: RESCRETE INDUSTRIES PTY LIMITED

Applicant

AND: COMMISSIONER JONES OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

First Respondent

JUSTICE MUNRO, SENIOR DEPUTY PRESIDENT MARSH AND COMMISSIONER LARKIN OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Second Respondent

CONSTRUCTION, FORESTRY, MINING, ENERGY UNION

Third Respondent

AUSTRALIAN WORKERS UNION

Fourth Respondent

JUDGES: BEAUMONT, O'CONNOR AND MOORE JJ

DATE OF ORDER: 6 AUGUST 1998