Re Polites; Ex parte Hoyts Corporation Pty Ltd [1991] HCA 31

High Court of Australia Brennan, Gaudron and McHugh JJ. Re Polites; Ex parte Hoyts Corporation Pty Ltd [1991] HCA 25

ORDER Order nisi for a writ of mandamus directed to Mr. Deputy President Polites directing him to hear and determine, as a member of a Full Bench, the proceedings in the Australian Industrial Relations Commission in Matters C Nos. 32728 , 33189 , 33341 , 60381 of 1988 and 30084, 20037, 20364, 30172 and 35776 of 1989 be made absolute. Costs reserved for further consideration. The prosecutors and the second respondent be at liberty to file and serve on the other or others within fourteen days their written submissions as to costs and file any reply to submissions served on them or it within seven days of such service. No order as to costs.

Cur. adv. vult.

The Court delivered the following written judgment:—

June 20 Brennan, Gaudron and McHugh JJ.

A Full Bench of the Australian Industrial Relations Commission (Mr. Justice Boulton, Mr. Deputy President Polites and Mr. Commissioner Fogarty) have been hearing a number of matters relating to the terms and conditions of employment of employees of The Hoyts Corporation Pty. Ltd., Delarene Pty. Ltd. and Rampton Pty. Ltd., the prosecutors. Delarene and Rampton were incorporated in 1988 and are wholly-owned subsidiaries of Hoyts. Hoyts is a motion picture exhibitor and each of the prosecutors employs staff in various capacities in Hoyts theatres throughout Australia.

The second respondent, the Australian Theatrical and Amusement Employees Association (the "A.T.A.E.A.") is an organization registered under the Industrial Relations Act 1988 Cth ("the Act") having coverage of many of the employees in Hoyts theatres. It is a party to some of the matters before the Commission. Others of the employees are members of the Theatre Managers' Association (the "T.M.A."), another registered organization which is a party to other matters before the Commission but is not a party to these proceedings.