Australian Liquor, Hospitality and Miscellaneous Workers Union, in the matter of an application for a writ of Mandamus and a writ of Certiorari against the Australian Industrial Relations Commission [2001] FCA 770

FEDERAL COURT OF AUSTRALIA

Australian Liquor, Hospitality and Miscellaneous Workers Union, in the matter of an application for a writ of Mandamus and a writ of Certiorari against the Australian Industrial Relations Commission [2001] FCA 770

INDUSTRIAL LAW – award – arbitration – interim award – application for final award – whether provision prohibiting Commission from exercising arbitration powers operates where dispute found to exist and interim award made before commencement of provision – whether making of interim award gives rise to an accrued right to have application for final award dealt with under legislation as unamended – whether finding that an industrial dispute exists gives rise to an accrued right to have dispute resolved under legislation applicable when finding made – nature of Commission's arbitration function – whether necessary to invoke power of Commission before an accrued right exists – nature of interim award – whether interim award a step to invoke arbitral power of Commission – effect of an award made in part settlement of an industrial dispute – whether accrued right to have further award made in settlement of the dispute – contrary intention – scheme of repealing Act to limit existing and future industrial disputes to allowable award matters – absence of express contrary intention – whether scheme of Act discloses contrary intention – transitional provision covering commencement of new provision prohibiting Commission from exercising arbitration powers – whether express contrary intention STATUTES – interpretation – repealing Act – whether accrued right to have industrial dispute arbitrated under legislation as unamended – whether contrary intention disclosed by scheme of amending Act – whether express contrary intention PRACTICE AND PROCEDURE – enlargement of time – time limit fixed by High Court Rules – whether Federal Court has power to enlarge time – prerogative writs – where no relevant decision in respect of which mandamus or certiorari could issue – whether declaration appropriate – costs – where prerogative writs sought – whether matter arises under the relevant legislation WORDS AND PHRASES – "right … accrued"