State of Victoria v Riordan [1996] IRCA 330

DECISION NO: 330/96 INDUSTRIAL LAW - Awards made by Australian Industrial Relations Commission - Validity - Awards relating to redundancies - Whether awards impaired capacity of State government to govern - Whether provisions were within the ambit of the claim giving rise to the relevant dispute. Re Australian Education Union: Ex parte the State of Victoria (1995) 184 CLR 188 The State of Victoria and anor v Riordan and others No VI95/2140 The State of Victoria and anor v O'Connor and others No VI95/6089 CORAM: WILCOX CJ, LEE and MADGWICK JJ PLACE: SYDNEY (HEARD IN MELBOURNE) DATE: 26 JULY 1996

IN THE INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) No. VI95/2140 VICTORIA DISTRICT REGISTRY ) IN THE MATTER of a remittal from the High Court of Australia BETWEEN: THE STATE OF VICTORIA AND MINISTER FOR EDUCATION (VICTORIA) Applicant AND: THE HONOURABLE SENIOR DEPUTY PRESIDENT RIORDAN, THE HONOURABLE JUSTICE MUNRO AND COMMISSIONER McDONALD, MEMBERS OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION First Respondents AND: AUSTRALIAN EDUCATION UNION Second Respondent CORAM: WILCOX CJ, LEE and MADGWICK JJ PLACE: SYDNEY (HEARD IN MELBOURNE) DATE: 26 JULY 1996 THE COURT ORDERS THAT: 1. A writ of certiorari be granted to bring into this Court and quash paragraph (v) of clause 7(b) of the award entitled "Victorian Teachers Redundancy Award" made by the first respondent on 27 October 1994. 2. Save as aforesaid, the application be dismissed. NB: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.

IN THE INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) No. VI95/6089 VICTORIA DISTRICT REGISTRY ) IN THE MATTER of a remittal from the High Court of Australia BETWEEN: THE STATE OF VICTORIA AND MINISTER FOR EDUCATION (VICTORIA) AND: THE HONOURABLE JUSTICE DIERDRE O'CONNOR, PRESIDENT OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION, THE HONOURABLE JUSTICE ALAN BOULTON AND THE HONOURABLE JUSTICE PAUL MUNRO, SENIOR DEPUTY PRESIDENTS OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION, THE HONOURABLE IAN WATSON AND THE HONOURABLE ANNE HARRISON, DEPUTY PRESIDENTS OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AND BERNARD FRAWLEY, KENNETH McDONALD AND GRAHAM HOLMES, COMMISSIONERS OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION First Respondents AND: AUSTRALIAN EDUCATION UNION Second Respondent CORAM: WILCOX CJ, LEE and MADGWICK JJ PLACE: SYDNEY (HEARD IN MELBOURNE) DATE: 26 JULY 1996 THE COURT ORDERS THAT: 1. The application be dismissed. NB: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.