IN THE MATTER OF AN APPLICATION FOR WRITS OF PROHIBITION, MANDAMUS AND CERTIORARI AGAINST THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION; EX PARTE THE CONSTRUCTION, FORESTRY AND MINING EMPLOYEES UNION

7) -4- 1092

IN THE MATTER OF AN APPLICATION FOR WRITS OF

PROHIBITION, MANDAMUS AND CERTIORARI AGAINST THE

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION; EX PARTE

| THE CONSTRUCTION, FORESTRY AND MINING EMPLOYEES UNION

JUDGMENT McHUGH J.

IN THE MATTER OF AN APPLICATION FOR WRITS OF PROHIBITION, MANDAMUS AND CERTIORARI AGAINST THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION; EX PARTE

THE CONSTRUCTION, FORESTRY AND MINING EMPLOYEES UNION

The Construction, Forestry and Mining Employees Union, an organisation registered under the Industrial Relations Act 1988 (Cth), ("the organisation") seeks orders nisi for writs of prohibition, mandamus, and certiorari against The Australian Industrial Relations Commission in respect of the proposed amalgamation of four organisations which are also registered under the Act. The organisation contends that the Commission has failed to exercise or has exceeded its jurisdiction because it has held that, in a hearing under s.250 of the Act for "the granting of an approval for the submission of the amalgamation to ballot", the organisation had no right to ask the Commission to dismiss the proceedings pursuant to s.111(1)(g) of the Act. That paragraph enables the Commission to dismiss proceedings in the Commission on the ground, inter alia, that they "are not necessary or desirable in the

public interest".

Division 7 of Pt IX of the Act provides for the amalgamation of organisations which, by definition, means organisations "registered under this Act".

Section 242(1), which is found in Div.7, provides:

"The existing organisations concerned in a proposed amalgamation, and any association proposed to be registered as an organisation under the amalgamation, must jointly lodge in the Industrial Registry an application for approval for the submission of the amalgamation to ballot."