Attorney-General (Q) v Australian Industrial Relations Commission [2002] HCA 42

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

Matter Nos B53/2001 and B54/2001

ATTORNEY-GENERAL FOR THE APPELLANT

STATE OF QUEENSLAND

AND

AUSTRALIAN INDUSTRIAL RELATIONS RESPONDENTS

COMMISSION AND ORS

Matter Nos B56/2001, B57/2001 and B58/2001

MINISTER FOR EMPLOYMENT AND APPELLANT

WORKPLACE RELATIONS OF THE

COMMONWEALTH OF AUSTRALIA

AND

AUSTRALIAN INDUSTRIAL RELATIONS RESPONDENTS

COMMISSION AND ORS

Attorney-General (Q) v Australian Industrial Relations Commission

Minister for Employment and Workplace Relations v Australian Industrial Relations Commission

[2002] HCA 42

3 October 2002

B53 & B54/2001; B56, B57 & B58/2001

ORDER

ORDERS IN MATTER NO B53/2001:

1. Appeal allowed. 2. Set aside the order of the Full Court of the Federal Court dated 20 November 2000 and in its place order that: 3. a writ of prohibition issue to the first respondents prohibiting them from acting upon, giving effect to, further proceeding upon or enforcing the decision of the first respondents made on 27 November 1998 in Matters C No 31982 of 1998, C No 32162 of 1998 and C No 32163 of 1998; 4. a writ of certiorari issue to the first respondents to remove into this Court so far as may be necessary proceedings C No 31982 of 1998, C No 32162 of 1998 and C No 32163 of 1998 in the Commission for the purpose of quashing the decision of the first respondents made on 27 November 1998; 5. a writ of mandamus issue to the first respondents compelling them to hear and determine according to law the appeals C No 31982 of 1998, C No 32162 of 1998 and C No 32163 of 1998.

ORDERS IN MATTER NO B54/2001:

1. Appeal allowed. 2. Set aside the order of the Full Court of the Federal Court dated 20 November 2000 and in its place order that: 3. a writ of prohibition issue to the first respondents prohibiting them from acting upon, giving effect to, further proceeding upon or enforcing the decision of the first respondents made on 30 June 1998 in Matters C No 40827 of 1997, C No 40829 of 1997 and C No 40830 of 1997; 4. a writ of certiorari issue to the first respondents to remove into this Court so far as may be necessary proceedings C No 40827 of 1997, C No 40829 of 1997 and C No 40830 of 1997 in the Commission for the purpose of quashing the decision of the first respondents made on 30 June 1998; 5. a writ of mandamus issue to the first respondents compelling them to hear and determine according to law the appeals C No 40827 of 1997, C No 40829 of 1997 and C No 40830 of 1997.