Re Media, Entertainment & Arts Alliance; Ex parte Hoyts Corporation Pty Ltd [1993] HCA 40

High Court of Australia Mason C.J. Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ. Re Media, Entertainment & Arts Alliance; Ex parte Hoyts Corporation Pty Ltd [1993] HCA 40

ORDER Matter No. M27 of 1992 Application for a writ of prohibition and a writ of certiorari dismissed. Matter No. M43 of 1992 Order nisi for a writ of mandamus and a writ of certiorari discharged.

Cur. adv vult.

The following written judgments were delivered:—

1993, Aug. 11 Mason C.J., Brennan, Dawson, Toohey, Gaudron and McHugh JJ.

These two matters arise out of separate proceedings in the Australian Industrial Relations Commission ("the Commission") with respect to the wages and conditions of employees in the picture theatre industry. The matters were heard successively in this Court and can conveniently be dealt with in the one judgment.

Background to the proceedings

The Hoyts Corporation Pty. Ltd. ("Hoyts"), Delarene Pty. Ltd. ("Delarene") and Rampton Pty. Ltd. ("Rampton") are companies in the Hoyts group of companies and are together referred to as "the Hoyts Companies". They operate picture theatres in various places and in different States.

Until recently, persons employed in Hoyts' theatres were governed by an award of the Australian Conciliation and Arbitration Commission, known as the Theatrical Employees (Cinema and Drive-in Industry) Award 1983 ("the Theatrical Employees Award"). Since May 1992, they have been governed by an award of the Commission made pursuant to the Industrial Relations Act 1988 Cth ("the Act") and known as The Hoyts Corporation Pty. Ltd., Delarene Pty. Ltd. and Rampton Pty. Ltd. Interim Award 1992 ("the Interim Award").

The Interim Award was made in part settlement of a dispute arising out of a log of claims served by the Australian Theatrical and Amusement Employees Association ("the A.T.A.E.A.") on employers in the picture theatre industry generally, and a counter log served by the Hoyts Companies on the A.T.A.E.A. The A.T.A.E.A. has since merged with other organizations to become the Media, Entertainment and Arts Alliance ("the Media Alliance"), an organization of employees registered under the Act. The Media Alliance is a respondent to each of the matters before the Court.