Blagojevch v Australian Industrial Relations Commission [2000] FCA 483

FEDERAL COURT OF AUSTRALIA

Blagojevch v Australian Industrial Relations Commission [2000] FCA 483 COSTS – application for prerogative relief in respect of an order of the Full Bench of the Australian Industrial Relations Commission refusing leave to appeal from a decision of a Senior Deputy President of the Commission refusing an application for an order under s 170CJ(2) of the Workplace Relations Act 1996 (Cth) for payment by the second respondent of the applicant's costs of a successful application for relief under s 170CE(1)(a) of the Act in respect of the termination by the second respondent of the applicant's employment – whether the Full Bench made a jurisdictional error – factors to be taken into account by the Commission in determining whether it is satisfied under s 170CJ(2)(b) of the Act that a party to a proceeding has acted unreasonably in failing to agree to terms of settlement that could have led to the discontinuance of the matter before the conclusion of the arbitration – relevance of the relationship between the amount of the settlement offer and the amount of compensation ultimately awarded – relevance of the fact that the second respondent rejected the offer of settlement and resisted the applicant's claim for compensation in reliance on evidence which the Commission found had been deliberately concocted ESTOPPEL – relevance of issue estoppel to Commission arbitration under Pt VIA Div 3 of Workplace Relations Act – whether Commission must determine application for costs under s 170CJ(2) by reference to facts as found when determining claim under s 170CE WORDS AND PHRASES – "failing to agree to terms of settlement" Workplace Relations Act 1996 (Cth) s 170CJ(2) Mine Management Pty Ltd v Construction Forestry Mining and Energy Union (1999) 164 ALR 73 considered Australian Transport Officers Federation v State Public Service Federation (1981) 34 ALR 406 distinguished Administration of Papua and New Guinea v Daera Guba (1972) 130 CLR 353 considered Blair v Curran (1939) 62 CLR 464 considered Craig v State of South Australia (1995) 184 CLR 163 applied Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257 referred to IN THE MATTER OF AN APPLICATION FOR WRITS OF CERTIORARI AND PROHIBITION AGAINST THE HONOURABLE JUSTICE GIUDICE, PRESIDENT, THE HONOURABLE DEPUTY PRESIDENT ACTON, AND COMMISSIONER WHELAN (CONSTITUTING A FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION); EX PARTE MILAN BLAGOJEVCH V 611 OF 1999 MOORE, MARSHALL AND LEHANE JJ 18 APRIL 2000 SYDNEY (HEARD IN MELBOURNE)