Gordonstone Coal Management Pty Ltd v Australian Industrial Relations Commission [1999] FCA 298

FEDERAL COURT OF AUSTRALIA Gordonstone Coal Management Pty Ltd v Australian Industrial Relations Commission [1999] FCA 298 INDUSTRIAL LAW – matter remitted by High Court – application for order nisi for writs of certorari and prohibition – whether certification of an agreement under the Industrial Relations Act 1988 was sustained by an industrial situation or an industrial dispute which had an interstate element – whether the dispute resolution procedures in the agreement were invalid as they were concerned with the determination of local disputes – whether an assumption of jurisdiction by the Commission under the dispute resolution procedures would be subject to and restricted by s 89A of the Workplace Relations Act 1996

Industrial Relations Act 1988 (Cth): s 4(1), s 170MA(1), s 170MC, s 170MH Div 2 Pt VIB Workplace Relations Act 1996 (Cth): s 99, s 89A, s 107 Div 4 Pt VIB Workplace Relations and Other Legislation Amendment Act 1996 (Cth): Item 23 of Sch 8 Sch 5

Attorney‑General for Queensland v Riordan (1997) 146 ALR 445 cited The Queen v Commonwealth Conciliation and Arbitration Commission; Ex parte Melbourne Metropolitan Tramways Board (1965) 113 CLR 228 cited The Queen v Portus; Ex parte City of Perth (1973) 129 CLR 312 cited The Queen v Hegarty; Ex parte The Corporation of the City of Salisbury (1981) 147 CLR 617 considered GORDONSTONE COAL MANAGEMENT PTY LTD v AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION & ANOR VG 200 of 1998 BLACK CJ, HEEREY & GOLDBERG JJ MELBOURNE

25 MARCH 1999 IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 200 of 1998

BETWEEN: GORDONSTONE COAL MANAGEMENT PTY LTD

Applicant

AND: AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

First Respondent

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION