Davids Distribution Pty Ltd v Hon Iain Ross [1999] FCA 850

FEDERAL COURT OF AUSTRALIA

Davids Distribution Pty Ltd v Hon Iain Ross [1999] FCA 850 INDUSTRIAL LAW – application for writ of mandamus directed to a Full Bench of the Australian Industrial Relations Commission requiring it to dismiss or terminate a bargaining period purportedly initiated – whether receipt of notice of initiation of bargaining period means dealing with an industrial dispute – whether the Full Bench of the Australian Industrial Relations Commission had power to terminate the bargaining period. Workplace Relations Act 1996 (Cth) ss 111AAA, 170LA, 170MC(2), 170MD(2), 170MG(2), 170MH(2)&(3), 170MHA(3), 170MI,(1)&(2), 170MO(2), 170MW,(1),(2),(5)&(8), 170MX, 170MY, 170N, 170NA, 170LT, 170LV, 415(1)(d) Industrial Relations Act 1996 (NSW) Construction, Forestry, Mining and Energy Union v Giudice (1998) 159 ALR 1, applied

DAVIDS DISTRIBUTION PTY LTD v THE HONOURABLE IAIN ROSS, VICE PRESIDENT and the FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION consisting of the HONOURABLE JUSTICE PAUL MUNRO, the HONOURABLE ANN HARRISON, Senior Deputy President and RONALD JONES, Commissioner of the Australian Industrial Relations Commission and NATIONAL UNION OF WORKERS N 138 of 1999 LEE, BRANSON and MARSHALL JJ 25 JUNE 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 138 OF 1999

REMITTED FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: DAVIDS DISTRIBUTION PTY LTD

Prosecutor/Applicant

AND: The HONOURABLE IAIN ROSS, VICE PRESIDENT and the FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION consisting of the HONOURABLE JUSTICE PAUL MUNRO, the HONOURABLE ANN HARRISON, Senior Deputy President and RONALD JONES, Commissioner of the Australian Industrial Relations Commission

First Respondents

NATIONAL UNION OF WORKERS