Attorney-General for the State of Queensland v The Honourable Senior Deputy President Riordan, Australian Liquor, Hospitality and Miscellaneous Workers Union, St John Ambulance Australia, Ambulance Officer Training Centre Victoria The State of Victoria and the Minister for Health for the State of Victoria v The Honourable Senior Deputy President Joseph Martin Riordan, Australian Liquor Hospitality and Miscellaneous Workers Union [1995] IRCA 293

CATCHWORDS INDUSTRIAL LAW - Application for prerogative relief against AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION - JURISDICTION - DISPUTE FINDING based on non-compliance with log of claims - Amended finding after second log of claims - Whether claims made in logs were "plainly fanciful" so as to be incapable of giving rise to an industrial dispute - Whether Commission could properly have found that any dispute extended to Queensland employers - Onus of proof - Authorisation of log of claims - Whether service of second log terminates the dispute arising out of non-compliance with the first log - Whether claim for career path determined by the union was an "industrial matter". Industrial Relations Act 1988 s.412 No QI 221 of 1994 ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND v THE HONOURABLE SENIOR DEPUTY PRESIDENT RIORDAN, AUSTRALIAN LIQUOR, HOSPITALITY and MISCELLANEOUS WORKERS UNION, ST JOHN AMBULANCE AUSTRALIA, AMBULANCE OFFICER TRAINING CENTRE VICTORIA AND No QI 252 of 1994 THE STATE OF VICTORIA and THE MINISTER FOR HEALTH FOR THE STATE OF VICTORIA v THE HONOURABLE SENIOR DEPUTY PRESIDENT JOSEPH MARTIN RIORDAN, AUSTRALIAN LIQUOR HOSPITALITY and MISCELLANEOUS WORKERS UNION CORAM: WILCOX CJ, NORTHROP AND SPENDER JJ PLACE: BRISBANE DATE: 4 JULY 1995

IN THE INDUSTRIAL RELATIONS COURT) OF AUSTRALIA ) No. QI 252 of 1994 QUEENSLAND DISTRICT REGISTRY ) BETWEEN: THE STATE OF VICTORIA and THE MINISTER FOR HEALTH FOR THE STATE OF VICTORIA Applicant AND: THE HONOURABLE SENIOR DEPUTY PRESIDENT JOSEPH MARTIN RIORDAN First Respondent AUSTRALIAN LIQUOR, HOSPITALITY and MISCELLANEOUS WORKERS UNION Second Respondent CORAM: WILCOX CJ, NORTHROP & SPENDER JJ PLACE: BRISBANE DATE: 4 JULY 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. In the event that the applicants, the State of Victoria and the Minister for Health for the State of Victoria, wish to pursue the constitutional ground raised in the Notice of Motion and previously reserved, within 14 days of this order, they file and serve written submissions in support of that ground and the respondent, within a further 14 days, file and serve written submissions in response. 2. If no written submissions are filed within 14 days in accordance with order 1, at the expiration of the 14 day period the application stand dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.