RE AUSTRALIAN BANK EMPLOYEES UNION; EX PARTE ILLATON PTY. LTD. & ANOR.

HIGH COURT OF AUSTRALIA

TOOHEY J. RE AUSTRALIAN BANK EMPLOYEES UNION RESPONDENT

EX PARTE ILLATON PTY. LTD. AND ANOR APPLICANTS/PROSECUTORS

ORDER

Applications for writs of prohibition and certiorari dismissed.

Order made: 5 October 1990

Reasons for judgment delivered: 30 October 1990

S.90/006 Solicitors for the First Applicant/Prosecutor: Cooke & Cussen Solicitors for the Second Applicant/Prosecutor: Henderson Trout

Solicitors for the Respondent: Maurice Blackburn & Co.

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law

Reports.

TOOHEY J. Illaton Pty. Ltd. ("Illaton") is a company incorporated in Queensland. The Metway Group Staff Association ("the Staff Association") is an unincorporated association whose members are employees of Illaton. To understand why they are both applying to the Court for prerogative relief, it is necessary to mention Metway Bank Limited ("Metway") which is a public company, also incorporated in Queensland, and was formerly the Metropolitan Permanent Building Society ("the Building Society"). Illaton is a wholly owned subsidiary of Metway.

Metway does not employ staff, nor did the Building Society. Since December 1970 all staff engaged in connection with the Building Society were employed by Metropolitan Managers Pty. Ltd. which, on 19 August 1987, changed its name to Austman Pty. Ltd. ("Austman"). Austman is also a wholly owned subsidiary of Metway. Illaton agreed to supply labour to Austman to enable Austman to provide administrative and other services which Austman had contracted to provide to Metway.

On 3 October 1990 Illaton sought the issue of an order nisi for a writ of prohibition and writ of certiorari directed to Deputy President MacBean of the Australian Industrial Relations Commission. When the matter came on for hearing on 5 October, the Staff Association made a similar application. At the end of the hearing on 5 October I refused both applications and said I would give my reasons in writing; these are my reasons.