Application for Writs of Mandamus, Prohibition and Certiorari against the Australian Industrial Relations Commission, the Honourable Ian James Kerr Ross a Vice-President of the said Commission, the Honourable Colin George Polites a Senior Deputy President of the said Commission, Errol Raymond Hodder Esquire, a Commissioner of the said Commission, Automotive Food Metals and Engineering Union, Construction Forestry Mining and Energy Union, National Union of Workers, Australian Liquor Hospitality and Miscellaneous Workers Union, the AWU-FIME Amalgamated Union and the Australian Council of Trade Unions; Ex parte Metal Trades Industry Association of Australia and Engineering Employers Association South Australia & Re Australian Industrial Relations Commission; Ex parte Metal Trades Industry Association of Australia and another [1995] IRCA 179

PREROGATIVE RELIEF - Application for mandamus, certiorari and prohibition addressed to Australian Industrial Relations Commission - Whether Commission was bound to refer to this Court certain questions that were said to be questions of law arising in the proceeding before it - Whether s.46 of the Industrial Relations Act imposes a mandatory obligation on the Commission - Power of Commission to forbid employers to absorb wage increases into overaward payments - Whether Commissioner did so - Legal effect of comment by Commission as to the attitude employers should take to absorption - Discussion about application by Commission members of Statements of Principle formulated by a Full Bench - Whether Commission entitled to discriminate, in relation to absorption, in favour of formal agreements rather than informal agreement. Industrial Relations Act 1988, s.3, 45, 46, 88A, 107, 170LA. Application for Writs of Mandamus, Prohibition and Certiorari against the AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION, the Honourable IAN JAMES KERR ROSS a Vice-President of the said Commission, the Honourable COLIN GEORGE POLITES a Senior Deputy President of the said Commission, ERROL RAYMOND HODDER Esquire, a Commissioner of the said Commission, AUTOMOTIVE FOOD METALS AND ENGINEERING UNION, CONSTRUCTION FORESTRY MINING AND ENERGY UNION NATIONAL UNION OF WORKERS, AUSTRALIAN LIQUOR HOSPITALITY AND MISCELLANEOUS WORKERS UNION, THE AWU-FIME AMALGAMATED UNION and THE AUSTRALIAN COUNCIL OF TRADE UNIONS - Respondents Ex parte METAL TRADES INDUSTRY ASSOCIATION OF AUSTRALIA and ENGINEERING EMPLOYERS ASSOCIATION SOUTH AUSTRALIA - Prosecutors NO. NI.1399 of 1994 CORAM: WILCOX CJ, KEELY and BEAZLEY JJ PLACE: SYDNEY DATE: 5 MAY 1995

IN THE INDUSTRIAL RELATIONS COURT) OF AUSTRALIA ) No. NI. 1399 of 1994 NEW SOUTH WALES DISTRICT REGISTRY) BETWEEN: Application for Writs of Mandamus Prohibition and Certiorari against the AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION, the Honourable IAN JAMES KERR ROSS a Vice-President of the said Commission, the Honourable COLIN GEORGE POLITES a Senior Deputy President of the said Commission, ERROL RAYMOND HODDER Esquire, a Commissioner of the said Commission, AUTOMOTIVE FOOD METALS AND ENGINEERING UNION, CONSTRUCTION FORESTRY MINING AND ENERGY UNION NATIONAL UNION OF WORKERS, AUSTRALIAN LIQUOR HOSPITALITY AND MISCELLANEOUS WORKERS UNION, THE AWU-FIME AMALGAMATED UNION and THE AUSTRALIAN COUNCIL OF TRADE UNIONS Respondents AND: Ex parte METAL TRADES INDUSTRY ASSOCIATION OF AUSTRALIA and ENGINEERING EMPLOYERS ASSOCIATION SOUTH AUSTRALIA Prosecutors CORAM: WILCOX CJ, KEELY and BEAZLEY JJ PLACE: SYDNEY DATE: 5 MAY 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The order nisi granted by Gaudron J on 19 December 1994 be discharged. 2. The proceeding be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.