Attorney-General (Qld) v Riordan [1997] HCA 32

High Court of Australia Brennan CJ Dawson, Toohey, Gaudron, McHugh Gummow and Kirby JJ Attorney-General (Qld) v Riordan (FC 97/000) [1997] HCA 32

ORDER In appeal No B2 of 1996:

1. Order that the notice of appeal be amended in accordance with the appellant's motion.

2. Order that the appeal be dismissed.

3. Costs reserved.

In application No A38 of 1995:

1. Orders nisi for prohibition and certiorari, to the extent that they assert that the claims contained in the log of claims were fanciful and incapable of creating a genuine dispute, discharged.

2. Otherwise remit the matter to the Federal Court of Australia.

In application No A44 of 1995:

1. Orders nisi for prohibition and certiorari, to the extent that they assert that the claims contained in the log of claims were fanciful and incapable of creating a genuine dispute, discharged.

2. Otherwise remit the matter to the Federal Court of Australia.

Cur adv vult

The following written judgments were delivered:—

5 August 1997 Brennan CJ and McHugh J.

In these cases, Kirby J has set out the history of the logs of claims which the respective industrial organisations of employees served on employers. His Honour has also set out the history of the proceedings in which the existence of an industrial dispute between the employers and the organisations of employees was in issue. Upon the non-acceptance of the respective logs of claims, notices of industrial disputes were given to the Industrial Relations Commission as required by s 99 of the Industrial Relations Act 1988 Cth, now entitled the Workplace Relations Act 1996 Cth (the Act). Thereafter, in each case, the Commission found the existence of an industrial dispute.

Proceedings were brought in this Court, invoking its jurisdiction under s 75(v) of the Constitution, for the purpose of challenging the jurisdiction of the Commission further to proceed on the basis of the dispute findings made. In one matter, the Attorney-General for Queensland applied for writs of prohibition and certiorari directed to the relevant members of the Commission, joining the Australian Liquor, Hospitality and Miscellaneous Workers Union (the ALHMWU) and others as respondents. That matter was remitted for determination by the Industrial Relations Court. That Court dismissed the challenge. Leave (s 432(2) of the Act) was granted to the Attorney-General to appeal to this Court from the decision of the Industrial Relations Court. In the other two cases, applicants the first of whom was Lamsoon (Australia) Pty Ltd (Lamsoon) and applicants the first of whom was Action Food Barns applied for orders nisi for writs of certiorari and prohibition directed to the Commission. Orders nisi were made and were returnable before the Full Court of this Court. In each case, the question is whether the Commission should have been or should be prohibited from proceeding further in exercising its powers on the footing of the dispute findings which the Commission has made.