Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, & Allied Services Union of Australia v Australian Industrial Relations Commission [1999] FCA 804

FEDERAL COURT OF AUSTRALIA

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia v Australian Industrial Relations Commission [1999] FCA 804 INDUSTRIAL LAW – application for writs of prohibition, certiorari and mandamus directed to a Full Bench of the Australian Industrial Relations Commission – proceedings before the Commission for the variation of an award to ensure it dealt only with "allowable award matters" within the meaning of s 89A(2) of the Workplace Relations Act 1996 (Cth) – application for variation made under item 49 of the Workplace Relations and Other Legislation Amendment Act 1996 – nature of Commission's power under item 49 – what is allowable award matter for purposes of item 49 – appeal against refusal to vary award in application made under item 49 – "allowable award matter" - effect of transitional provisions of the Workplace Relations Act – whether reasoning of the Full Bench of the Commission involved material jurisdictional error of a reviewable nature. Workplace Relations Act 1996 (Cth) s 89A(2) and s 89A(6) Workplace Relations and Other Legislation Amendment Act 1996 (Cth) items 49 to 51

COMMUNICATIONS ELECTRICAL ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES v AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION and ANOTHER N 126 OF 1999

MOORE, BRANSON AND MARSHALL JJ

SYDNEY

30 JUNE 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 126 OF 1999

REMITTED FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

Prosecutor/Applicant

AND: FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION CONSISTING OF THE HONOURABLE JOHN MACBEAN, SENIOR DEPUTY PRESIDENT, THE HONOURABLE IAN WATSON, SENIOR DEPUTY PRESIDENT AND LEONARD HINGLEY, COMMISSIONER OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION