The Transport Workers' Union v Mayne Nickless Ltd [1998] FCA 1022

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW – application for writs of prohibition, mandamus and certiorari directed to members of the Australian Industrial Relations Commission – whether benefits should be paid to certain casual employees in relation to overtime – whether application called upon the Commission to exercise the judicial power of the Commonwealth – relevance of motives of union in prosecuting action.

R v Lydon; Ex parte Cessnock Collieries Limited (1960) 103 CLR 15

R v Gallagher; Ex parte Aberdare Collieries Pty Ltd (1963) ALJR 40 R v Austin; Ex parte Farmers and Graziers Co-operative Co Ltd (1964) 112 CLR 619 R v Portus; Ex parte Theiss Bros Pty Ltd (1969) 121 CLR 406 Re Cram; Ex parte Newcastle Wallsend Coal Company Pty Ltd (1987) 163 CLR 140 THE TRANSPORT WORKERS' UNION v MAYNE NICKLESS LIMITED

QG 175 of 1997

OLNEY, DRUMMOND AND MOORE JJ 21 AUGUST 1998 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 175 of 1997

BETWEEN: THE TRANSPORT WORKERS' UNION

AppLICant

AND: MAYNE NICkLesS LIMITED

Respondent

JUDGES: OLNEY, DRUMMOND and MOORE JJ

DATE OF ORDER: 21 AUGUST 1998

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. A writ of certiorari issue to Commissioner David Hoffman of the Australian Industrial Relations Commission removing the decision of the Commissioner of 4 March 1997 in proceedings C No 40153 of 1996 dismissing the application by the Transport Workers' Union of Australia into this Court and quashing that decision. 2. A writ of mandamus issue to Commissioner David Hoffman directing him to hear, in accordance with law, the application of the Transport Workers' Union of Australia in proceedings C No 40153 of 1996. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.