Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47

HIGH COURT OF AUSTRALIA

GLEESON CJ, GAUDRON, KIRBY, HAYNE AND CALLINAN JJ

COAL AND ALLIED OPERATIONS PTY LTD APPELLANT

AND

THE FULL BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION & ORS RESPONDENTS

Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47

31 August 2000

S158/1999

ORDER

1. Appeal allowed.

2. Orders of the Full Court of the Federal Court of Australia made 6 November 1998 set aside. In lieu thereof, the application for relief under s 75(v) of the Constitution is dismissed.

On appeal from the Federal Court of Australia

Representation:

J N West QC with G J Hatcher for the appellant (instructed by Freehill Hollingdale & Page)

No appearance for the first respondent

W R Haylen QC with R Reitano for the second, third and fourth respondents (instructed by R L Whyburn & Associates)

S Crawshaw SC with I Taylor for the fifth respondent (instructed by Crown Solicitor for New South Wales)

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

CATCHWORDS

Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission

Administrative law – Judicial review – Prohibition – Mandamus – Whether erroneous finding of appealable error in the exercise of appellate jurisdiction amounts to jurisdictional error – Whether such an error is an error within jurisdiction – Whether misconception of appellate function amounts to jurisdictional error – Whether discretionary decision may be challenged if error in decision-making process can be demonstrated or inferred.

Appeals – Industrial tribunal – Forms of appeal – Character of appellate jurisdiction – Whether misconception amounts to error within jurisdiction or error permitting judicial review.

Industrial law (Cth) – Australian Industrial Relations Commission – Appeals – Nature of an appeal to the Full Bench of the Australian Industrial Relations Commission from discretionary decision of single member – Whether appeal under s 45 of the Workplace Relations Act 1996 (Cth) permits Full Bench to exercise discretionary power afresh in absence of appealable error – Whether appeal in strict sense or by way of rehearing.