High Court of Australia
EALTH SERV; TA EX PARTE. THE STATE OF VICTORIA AND ANOR SUDGMENT (oral)
16 December 1993
TTR LEVIN T UP AVOT. LU SOLOW"O FUSE 285 14 MHY'S¢ 1U:25 NO.UU2 F.U2
E_HE. SER iT TA:
EX _PARTE ''HE STATE OF VICTORIA AND ANOR
These are applications for orders nisi for writs of prohibition and certiorari arising out of two separate findings by the Australian Industrial Relations Commission of the existence of an industrial dispute. The firat finding was made on 14 December 1992 upon the basis of the failure to comply with a log of claims served by the Health Sarvices Union of Australia ("the HSUA") on a number of employers including the applicants, At the time it made that finding of the existence of a dispute, the Commission made an interim award dealing with the termination of employment. The first applicant sought leave to appeal against the finding and the interim award. Subsequently the appeal against the interim award was withdrawn and the award was varied by consent. Leave to appeal against the
finding of dispute was refused,
On 4 March and 11 May 1993 the applicants applied
to McHugh J. for a stay of proceedings generally. On
TTL SURI
ur
AVVO. LU OLO~"O Ua 25s 14 MHY'Y9¢ 1U:24 No.UUZ F.US
both occasions his Honour refused the application!!), On the first occasion he did so observing that the applicants had not applied to the Commission for a stay of proceedings (2), On the second occasion he expressed the view that the applicants' case did not have sufficient prospect of success to warrant his
granting a etay(4),
After this Court had given its decision in fe State Public Services Federation; Ex parte Attorney-General (Western Australia )\*) ("the SPSF Case"), the HSUA served a further log of claims which, in effect, modified some of the earlier claims with a view to avoiding the risk of the earlier claims being found to be fanciful and, for that reason, not capable of giving rise to a genuine dispute. This second log of claims
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