Alan Gerrard and Graham Kirchner v Mayne Nickless Limited & In the matter of an application for a Writ of Prohibition and a Writ of Certiorari against: The Hon Justice Munro of the Australian Industrial Relations Commission, First Respondent, Allan Gerrard & Others, Second to Twenty-ninth Respondents. Ex Parte: Manyne Nickless Limited & Sam Papa & Others v Finemores Pty Ltd [1996] IRCA 67

DECISION NO: 67/96 INDUSTRIAL LAW - INDEPENDENT CONTRACTORS - Contracts allegedly unfair, harsh or against the public interest - Applications for review made to Australian Industrial Relations Commission before amendments that took effect on 30 March 1994 - Interim order made on some applications before that date - Interim order imposed obligations on other party to contract to give priority in future engagements to applicants if contract terminated - Validity of an order imposing obligations only after contract terminated - Power of Commission to make orders in relation to a contract that was terminated before an application was made to the Commission - Power of Commission to make orders in respect of a contract between a constitutional corporation and a partnership - Whether Commission has continuing jurisdiction after 30 March 1994 to hear and determine an application lodged before that date - Whether an interim order made before 30 March 1994 remains in force after that date - Constitutional validity of provisions empowering Commission to alter retrospectively the right of parties under a contract discharged before an application was made to the Commission. Industrial Relations Act 1988, ss.4(1A), 45, 46, 127A and 127B. Constitution, s.51(xxxi). Acts Interpretation Act 1901, ss.8, 22(aa) and 23(b) VI.1052 of 1994 ALAN GERRARD and GRAHAM KIRCHNER v MAYNE NICKLESS LIMITED VI.1529 of 1995 IN THE MATTER of an application for a Writ of Prohibition and a Writ of Certiorari against: THE HON JUSTICE MUNRO of the AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION First Respondent ALLAN GERRARD & OTHERS Second to Twenty-ninth Respondents EX PARTE: MAYNE NICKLESS LIMITED Applicant/Prosecutor VI. 4989 of 1995 SAM PAPA & OTHERS vFINEMORES PTY LTD CORAM: WILCOX CJ, RYAN and MARSHALL JJ PLACE: MELBOURNE DATE: 5 MARCH 1996