The Construction, Forestry, Mining & Energy Union & Ors v The Full Bench of the Australian Industrial Relations Comm & Ors [1998] FCA 1404

FEDERAL COURT OF AUSTRALIA

INDUSTRIAL LAW – application for writs of prohibition, mandamus and certiorari directed to members of the Australian Industrial Relations Commission – appeal from decision of a Full Bench of the Commission quashing orders made by a single member pursuant to a 170MW(1) of the Workplace Relations Act 1996 (Cth) – factual background of ongoing industrial action at coal mine in relation to negotiations for a certified agreement – whether industrial action threatened to endanger the welfare of part of the population or damage an important part of the economy so as to justify the termination of the bargaining period for the certified agreement – the nature of the power under 170MW(1) to terminate the bargaining period – whether condition precedent for the exercise of the discretionary power exists or existed – nature of the 'satisfaction' required – whether picketing constitutes industrial action for the purposes of s 170MW(3) – the nature of an appeal to a Full Bench of the Commission – whether the Full Bench may exercise a discretionary power afresh in the absence of appellable error – whether the Full Bench misconceived the nature of the power conferred by s 170 MW. Workplace Relations Act 1996 (Cth) ss 45, 110, 170MW Conciliation and Arbitration Act 1904 (Cth) s 35 Craig v South Australia (1995) 131 ALR 595 Maric v Comcare (1993) 40 FCR 244 Re Barbaro (1980) 3 ALD 1 Dare v Dietrich (1979) 29 ALR 18 The Australian Workers' Union v Poon Bros (WA) Pty Ltd (1983) 289 CAR 269 House v King (1936) 55 CLR 504 Re Coldham; Ex parte Brideson (1989) 166 CLR 338 Re Coldham; Ex parte Brideson (1990) 170 CLR 267 Strange-Muir v Corrective Services Commission [1986] 5 NSWLR 234 Clark & Walker Pty Ltd v Department of Industrial Relations [1985] 3 NSWLR 685 R v Moore; Ex parte Australian Telephone and Phonogram Officers Association (1982) 148 CLR 600 Maritime Services Board v Murray (1993) 52 IR 455 Norbis v Norbis (1986) 161 CLR 513 Attorney-General for Queensland v Riordan (1997) 71 ALJR 1173