Mann v State Rail Authority [1999] FCA 273

FEDERAL COURT OF AUSTRALIA

Mann v State Rail Authority [1999] FCA 273 INDUSTRIAL LAW - termination of employment - proceedings in the Australian Industrial Relations Commission seeking relief against termination of employment pursuant to s 170CE of the Workplace Relations Act 1996 (Cth) - whether applicant's right to bring an application to the Commission was excluded by the combined operation of s 170CC of the Act and reg 30B(1)(c) of the Workplace Relations Regulations (Cth) - whether maximum period of probation of twelve months was reasonable - application for writs of certiorari and mandamus against a Full Bench of the Commission - whether there was a constructive failure of the part of the Commission to exercise its jurisdiction.

Workplace Relations Act 1996 (Cth)s 170CC Workplace Relations Regulations (Cth) reg 30B Transport Administration (Staff) Regulations 1995 (NSW) cl 8

Potter v Australian Capital Territory (No 2) (1997) 74 IR 403 referred to Rose v Department of Social Security (1990) 21 FCR 241 applied Nimmo v Alexander Cowan & Sons [1968] AC 107 referred to Vines v Djordjevitch (1955) 91 CLR 512 referred to

RHETT KARL MANN v VICE PRESIDENT ROSS, DEPUTY PRESIDENT DUNCAN, COMMISSIONER LARKIN SITTING AS THE FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION, PRESIDENT JUSTICE GIUDICE IN HIS CAPACITY AS A PRINCIPAL MEMBER OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION, STATE RAIL AUTHORITY

NG 807 OF 1998

RYAN, MOORE AND MARSHALL JJ

24 MARCH 1999

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 807 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: RHETT KARL MANN

Applicant

AND: VICE PRESIDENT ROSS, DEPUTY PRESIDENT DUNCAN,

COMMISSIONER LARKIN

SITTING AS THE FULL BENCH OF THE AUSTRALIAN