Re National Tertiary Education Industry Union; Ex parte Quickenden [1996] HCA 33

High Court of Australia Toohey J Re National Tertiary Education Industry Union; Ex parte Quickenden [1996] HCA 33

ORDER Application for writ of prohibition and writ of certiorari refused Toohey J.

By this application the prosecutor seeks prerogative relief in respect of a decision of the Australian Industrial Relations Commission (the Commission) certifying an agreement between the second and third respondents. The prosecutor also seeks an order that the application be remitted to the Industrial Relations Court for hearing. In the ordinary course a remitter would be ordered of the application since no constitutional issue is involved. However, the respondents oppose that course, principally on the footing that there is no substance in the prosecutor's complaint; they submit that the application for prerogative relief should simply be refused by this Court.

The prosecutor, Dr Quickenden, is a tenured member of the academic staff of the University of Western Australia, the third respondent. He is not and has not at any relevant time been a member of the National Tertiary Education Industry Union, an organisation of employees registered under the Industrial Relations Act 1988 Cth (the Act). The Union is the second respondent.

On or about 22 September 1995, the Union and the University entered into an agreement entitled "The University of Western Australia Academic, Academic Research and Related Staff Agreement 1995". By application No C39888 of 1995 the Union applied to the Commission for certification of the Agreement pursuant to s 170MC of the Act.

Section 170MC is in Div 2 of Part VIB — Promoting Bargaining and Facilitating Agreements. [1] Section 170MA empowers the parties to an industrial dispute, who agree on terms for the settlement of all or any of the matters in dispute or the prevention of further industrial disputes between them, to make a memorandum of the terms agreed on. The Commission is obliged by s 170MC(1) to certify an agreement if, and must not certify an agreement unless, the conditions prescribed by the subsection are met. One of the conditions, prescribed by par (b), is that: