Re Australian Industrial Relations Commission; Ex parte Construction, Forestry, Mining and Energy Union [2001] FCA 1816

FEDERAL COURT OF AUSTRALIA

Re Australian Industrial Relations Commission; Ex parte Construction, Forestry, Mining and Energy Union [2001] FCA 1816

INDUSTRIAL LAW – award – award simplification – Full Bench of Australian Industrial Relations Commission on appeal from commissioner – Full Bench varied award clause to provide for shifts of up to ten ordinary hours, instead of eight ordinary hours – statutory criterion whether award does not contain provisions that restrict or hinder productivity, having regard to fairness to employees – whether Full Bench found that clause failed to satisfy statutory criterion before varying award – whether denial of natural justice – focus of evidence on twelve-hour shifts – whether Full Bench should have given notice that it proposed to choose shifts of ten ordinary hours – ambit of dispute Industrial Relations Act 1988 (Cth) Workplace Relations and Other Legislation Amendment Act 1996 (Cth) ss 2(4), 412, Sch 5 items 46, 49, 50, 51 Workplace Relations Act 1996 (Cth) ss 45, 88A(c), 89A Judiciary Act 1903 (Cth) s 44

Re Australian Railways Union; Ex parte Public Transport Corporation (1993) 117 ALR 17 distinguished IN THE MATTER OF AN APPLICATION FOR WRITS OF PROHIBITION, CERTIORARI AND MANDAMUS AGAINST A FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AND ORS; EX PARTE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION N 185 of 2001

SPENDER, GRAY AND CONTI JJ 21 DECEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 185 of 2001

IN THE MATTER OF AN APPLICATION FOR WRITS OF

PROHIBITION, CERTIORARI AND MANDAMUS AGAINST:

AND: A FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION CONSISTING OF THE HONOURABLE JUSTICE GEOFFREY GIUDICE, PRESIDENT, THE HONOURABLE JUSTICE ALAN BOULTON, SENIOR DEPUTY PRESIDENT AND PETER LAWSON, COMMISSIONER