Pawel v Australian Industrial Relations Commission [1999] FCA 1660

FEDERAL COURT OF AUSTRALIA

Pawel v Australian Industrial Relations Commission [1999] FCA 1660 INDUSTRIAL LAW - Workplace Relations Act 1996 (Cth) – unlawful termination – application dismissed on basis that termination not at initiative of employer – issue of jurisdictional fact – application for leave to appeal – proper approach to be taken by Full Bench ADMINISTRATIVE LAW – prerogative writs – application for certiorari and mandamus – administrative tribunal

Workplace Relations Act 1996 (Cth) ss 45, 170CB(1), 170CE(1) Industrial Relations Act 1988 (Cth) Constitution ss 51(i), 51(xx), 51(xxxix), 52(ii), 122 Victoria v The Commonwealth (Industrial Relations Act Case) (1996) 187 CLR 416, referred to The King v Blakeley; Ex parte the Association of Architects, Engineers, Surveyors and Draughtsmen of Australia (1950) 82 CLR 54, cited Minister for Immigration Multicultural Affairs v Eshetu (1999) 162 ALR 577, referred to The Queen v Judges of the Federal Court of Australia; Ex parte W.A. National Football League (1979) 143 CLR 190, cited Construction, Forestry, Mining and Energy Union v Giudice (1998) 159 ALR 1, referred to Singer v Berghouse (No 2) (1994) 181 CLR 201, referred to The King v Connell; Ex parte Hetton Bellbird Collieries Ltd (1944) 69 CLR 407, cited Mohazab v Dick Smith Electronics Pty Ltd (No 2) (1995) 62 IR 200, applied Qantas Airways Limited v Christie (1998) 193 CLR 280, cited Sammartino v Commissioner Foggo [1999] FCA 1231, cited Craig v South Australia (1995) 184 CLR 163, followed Mann v Ross (1999) 88 FCR 274, considered Haining v Drake (1998) 87 FCR 248, applied Re Coldham; Ex parte Brideson (1990) 170 CLR 267, referred to KARL PAWEL v THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

V 381 of 1999 constituted by SENIOR DEPUTY PRESIDENT POLITES, SENIOR DEPUTY PRESIDENT WATSON AND COMMISSIONER GAY (respectively constituting a Full Bench of the Australian Industrial Relations Commission) BRANSON, MARSHALL AND DOWSETT JJ MELBOURNE 10 DECEMBER 1999