Comalco Aluminium (Bell Bay) Limited v The Honourable Deirdre O'Connor, President; The Honourable John MacBean and The Honourable Colin Polites, Senior Deputy Presidents; The Honourable Simon Williams, Deputy President and Mr Robert Merriman, Commissioner, Members of the Australian Industrial Relations Commission and the Australian Workers Union - Federation of Industrial, Manufacturing and Engineering Employees Amalgamated Union; Automotive, Food, Metals & Engineering Union & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union [1995] IRCA 561

INDUSTRIAL LAW - Challenge to decision of Australian Industrial Relations Commission - Validity of interim paid rates award - Award held invalid - Application for stay of prerogative writs. Industrial Relations Act 1988, COMALCO ALUMINIUM (BELL BAY) LIMITED v. THE HONOURABLE DEIDRE O'CONNOR, PRESIDENT; THE HONOURABLE JOHN MacBEAN AND THE HONOURABLE COLIN POLITES, SENIOR DEPUTY PRESIDENTS; THE HONOURABLE SIMON WILLIAMS, DEPUTY PRESIDENT AND MR ROBERT MERRIMAN, COMMISSIONER, MEMBERS OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION and THE AUSTRALIAN WORKERS UNION -FEDERATION OF INDUSTRIAL, MANUFACTURING AND ENGINEERING EMPLOYEES AMALGAMATED UNION; AUTOMOTIVE, FOOD, METALS & ENGINEERING UNION & COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING & ALLIED SERVICES UNION No. VI. 1213 OF 1995 CORAM: WILCOX CJ, GRAY J and NORTH J PLACE: MELBOURNE DATE: 5 OCTOBER 1995

IN THE INDUSTRIAL RELATIONS COURT) OF AUSTRALIA ) No. VI.95/1213 VICTORIA DISTRICT REGISTRY )

BETWEEN: COMALCO ALUMINIUM (BELL BAY) LIMITED Applicant AND: THE HONOURABLE DEIDRE O'CONNOR, PRESIDENT; THE HONOURABLE JOHN MacBEAN AND THE HONOURABLE COLIN POLITES, SENIOR DEPUTY PRESIDENTS; THE HONOURABLE SIMON WILLIAMS, DEPUTY PRESIDENT AND MR ROBERT MERRIMAN, COMMISSIONER, MEMBERS OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION First Respondents and THE AUSTRALIAN WORKERS UNION - FEDERATION OF INDUSTRIAL, MANUFACTURING AND ENGINEERING EMPLOYEES AMALGAMATED UNION; AUTOMOTIVE, FOOD, METALS & ENGINEERING UNION & COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING & ALLIED SERVICES UNION Second Respondents CORAM: WILCOX CJ, GRAY & NORTH JJ PLACE: MELBOURNE DATE: 5 OCTOBER 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The Notice of Motion filed on 28 December 1995 be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.