Tweed Valley Fruit Processors Pty Ltd v Australian Industrial Relations Commission [1996] IRCA 149

DECISION NO: 149/96 INDUSTRIAL LAW - Enterprise flexibility agreement - Approval of implementation of agreement by member of Australian Industrial Relations Commission - Decision set aside by Full Bench of Commission on appeal - Whether Full Bench exceeded its jurisdiction in taking that course - Whether there is any right of appeal to Full Bench against decision approving implementation of agreement, even where there is jurisdictional error - Standings of union to appeal against decision - Whether the Commissioner failed to exercise jurisdiction - Interpretation and application of s.170NC of Industrial Relations Act. Industrial Relations Act 1988, ss.4, 45, 170NA, 170NB, 170NC, 170ND, 170NG and 170NN. TWEED VALLEY FRUIT PROCESSORS PTY LTD v. THE HONOURABLE IAIN JAMES KERR ROSS, A VICE PRESIDENT OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION, THE HONOURABLE DAVID ANTHONY DUNCAN, A DEPUTY PRESIDENT OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION and KEITH WILLIAM MAHON ESQUIRE, A MEMBER OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION and AUTOMOTIVE, FOOD, METALS ANDENGINEERING/PRINTING AND KINDRED INDUSTRIES UNION No. NI.1169 of 1996 CORAM: WILCOX CJ, MOORE and MARSHALL JJ PLACE: SYDNEY DATE: 24 APRIL 1996

THE INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) No. NI.1169 of 1996 NEW SOUTH WALES DISTRICT REGISTRY) BETWEEN: TWEED VALLEY FRUIT PROCESSORS PTY LTD Applicant AND: THE HONOURABLE IAIN JAMES KERR ROSS, A VICE PRESIDENT OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION, THE HONOURABLE DAVID ANTHONY DUNCAN, A DEPUTY PRESIDENT OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION and KEITH WILLIAM MAHON ESQUIRE, A MEMBER OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION First Respondents AND AUTOMOTIVE, FOOD, METALS AND ENGINEERING/PRINTING AND KINDRED INDUSTRIES UNION Second Respondent CORAM: WILCOX CJ, MOORE and MARSHALL JJ PLACE: SYDNEY DATE: 24 APRIL 1996 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The motion for the issue of prerogative writs be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.