Communications, Electrical, Energy, Information, Postal, Plumbing & Allied Services Union of Australia v Commissioner Laing of the Australian Industrial Relations Commission & Anor [1998] FCA 1410

FEDERAL COURT OF AUSTRALIA Constitutional Law – constitution – implied rights and freedoms – right to freedom of speech – industrial action by way of political campaign – prohibition order under Workplace Relations Act 1996 – whether imposed impermissible burden on freedom of communication – whether implied limitation on exercise of discretion conferred by Act. Industrial Law – Workplace Relations Act 1996 – section 127 – prohibition orders – proper construction – industrial action – nature of discretion to make orders – desirability of precision in orders – whether discretion subject to implied constitutional freedom.

Workplace Relations Act 1996 (Cth)

Metal Trades Industry Association of Australia v Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union (1997) 77 IR 87, cited Australian Paper Limited v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (1998) 81 IR 15, cited Coal and Allied Operations Pty Ltd v Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union (1997) 73 IR 311, cited

Australian Builders' Labourers' Federated Union of Workers (WA Branch) v J-Corp Pty Ltd (1993) 114 ALR 551, discussed Sid Ross Agency Pty Ltd v Actors and Announcers Equity Association of Australia [1971] 1 NSWLR 760, cited Coco v R (1994) 179 CLR 427, referred to Australian Capital Television Pty Ltd v Commonwealth (1992) 177 CLR 106, referred to Lange v Australian Broadcasting Corporation (1997) 145 ALR 96, applied International Longshoreman's Association, AFL-CIO et al v Allied International Inc 456 US 212 (1981) at 226, referred to Levy v State of Victoria (1997) 146 ALR 248, cited

COMMUNICATIONS ELECTRICAL ENERGY INFORMATION POSTAL PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA v COMMISSIONER LAING OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION and ELECTRICITY CORPORATION WAG 68 OF 1997 FRENCH J PERTH 4 NOVEMBER 1998