Re Application to Appeal by AFC Abattoirs Pty Ltd

High Court of Australia Kirby J Re Application to Appeal by AFC Abattoirs Pty Ltd

ORDER Orders accordingly Kirby J.

These proceedings have been returned before this Court urgently at the request of AFC Abattoirs Pty Ltd and the National Meat Association of Australia (the prosecutors). The stated reason for the urgency was the stated intention of a Commissioner of the Australian Industrial Relations Commission, Commissioner Henry Dempsey (the first respondent) to exercise jurisdiction under the Workplace Relations Act 1996 Cth which the prosecutors say the Commissioner does not have. By their notice of motion the prosecutors sought orders abridging time for the service of the notice, requiring the respondents to show cause why writs of prohibition and certiorari should not issue out of this Court directed to the Commissioner, remitting the writs to the Industrial Relations Court for hearing and providing for the costs of the motion and for any other orders that were appropriate. The first respondent submitted to the orders of this Court, save as to costs. By the Australian Government Solicitor he also indicated that he would submit to any orders of the Industrial Relations Court to which the proceedings would be remitted under the third of the orders sought by the prosecutors.

The Industrial Relations Court continues to exercise jurisdiction and will do so until 25 May 1997, after which date, as this Court has been informed, its jurisdiction will be transferred to the Federal Court of Australia. However, at the moment, the order sought by the prosecutors is the correct one in the event that remittal is appropriate.

The second respondent to the proceedings is the Australasian Meat Industry Employees' Union (the Union). It opposed the making of any interim orders. It argued that remitter to the Industrial Relations Court was premature.