Professional Officers Association (Victoria), in the matter of an application for Writs of Prohibition, Mandamus and Certiorari [2001] FCA 296

FEDERAL COURT OF AUSTRALIA

Professional Officers' Association (Victoria), in the matter of an application for Writs of Prohibition, Mandamus and Certiorari [2001] FCA 296 INDUSTRIAL LAW – Australian Industrial Relations Commission – natural justice – application for certification of an agreement – leave to intervene – whether individuals directly affected by an agreement have a right to be heard on its certification – whether employee organisation may be heard – whether organisation seeking leave was "proposed to be bound" by the proposed agreement – when organisation seeking leave is a party to the existing agreement – where existing agreement contains undertaking to renegotiate before expiry – where application for leave to intervene and substantive submissions on application for certification heard simultaneously WORDS & PHRASES – "proposed to be bound" Workplace Relations Act 1996 ss 43, 170LJ, 170LK, 170LM, 170LT, 170LU, 170LX, 170M, 170NB, 253ZS, 298K, 298L McCarthy v Law Society of NSW (1997) 43 NSWLR 42 cited Re Association of Architects of Australia; Ex parte Municipal Officers Association of Australia (1989) 63 ALJR 298 followed R v Ludeke; Ex parte Customs Officers' Association of Australia (1985) 155 CLR 513 cited Re Media, Entertainment and Arts Alliance; Ex parte Arnel (1994) 179 CLR 84 cited IN THE MATTER OF AN APPLICATION FOR WRITS OF PROHIBITION, MANDAMUS AND CERTIORARI AGAINST THE HONOURABLE JUSTICE GEOFFREY MICHAEL GIUDICE, THE HONOURABLE SENIOR DEPUTY PRESIDENT COLIN GEORGE POLITES, COMMISSIONER LEONARD NORTON HINGLEY AND COMMISSIONER JOHN GRAHAM HOLMES, MEMBERS OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION and CSL LIMITED and CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, AUTOMOTIVE FOOD ENGINEERING PRINTING AND KINDRED INDUSTRIES UNION, NATIONAL UNION OF WORKERS AND COMMUNICATIONS ELECTRONIC ELECTRICAL PLUMBING AND ALLIED WORKERS UNION OF AUSTRALIA; EX PARTE: PROFESSIONAL OFFICERS' ASSOCIATION (VICTORIA), N SORRAGHAN, C KREPERLKA, M KLEINIG & A MACGREGOR V 1044 OF 2000 WILCOX, MOORE & GOLDBERG JJ MELBOURNE 28 MARCH 2001