Her Majesty's Attorney-General for the State of Queensland v National Tertiary Education Industry Union & Ors [1998] FCA 979

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW – motion in the High Court for order nisi remitted to Federal Court – whether the Australian Industrial Relations Commission exceeded its jurisdiction in making a finding as to the existence of an industrial dispute – letter of demand and log of claims served on four employers in Queensland – Queensland employers were agricultural colleges – whether agricultural colleges are Technical and Further Education Colleges within the meaning of the Union's eligibility rules. Agricultural Colleges Act 1994 (Qld) Vocational Education, Training and Employment Act 1991 (Qld) Rural Training Schools Act 1965 (Qld)

R v Holmes; Ex parte Public Service Association of New South Wales (1977) 140 CLR 63- cited R v Neil; Ex parte Cinema International Corporation Pty Ltd (1976) 134 CLR 27 - cited R v Cohen; Ex parte Motor Accidents Insurance Board (1979) 141 CLR 577 - cited Re McJannet; Ex parte Australian Workers' Union of Employees, Queensland (1997) 146 ALR 569 - cited

HER MAJESTY'S ATTORNEY‑GENERAL FOR THE STATE OF QUEENSLAND v NATIONAL TERTIARY EDUCATION INDUSTRY UNION & ORS QI 1012 of 1997 BLACK CJ, SACKVILLE & GOLDBERG JJ MELBOURNE (HEARD IN BRISBANE) 19 AUGUST 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QI 1012 of 1997

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: HER MAJESTY'S ATTORNEY‑GENERAL

FOR THE STATE OF QUEENSLAND

Applicant

AND: NATIONAL TERTIARY EDUCATION INDUSTRY UNION

First Respondent

THE HONOURABLE JUSTICE MUNRO OF THE

AuSTRALIAN INDUSTRIAL RELATIONS COMMISSION

And

THE HONOURABLE DEPUTY PRESIDENT BRYANT of THE

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

And