Re Ranger Uranium Mines Pty Ltd; Ex parte Federated Miscellaneous Workers' Union of Australia [1987] HCA 63

High Court of Australia Mason C.J. Wilson, Brennan, Deane, Dawson, Toohey and Gaudron JJ. Re Ranger Uranium Mines Pty Ltd; Ex parte Federated Miscellaneous Workers' Union of Australia [1987] HCA 63

ORDER Order nisi for a writ of mandamus in relation to matter No. C3670 made absolute. Order nisi for a writ of certiorari discharged.

Cur. adv. vult.

The Court delivered the following written judgment:—

Dec. 16 Mason C.J., Wilson, Brennan, Deane, Dawson, Toohey and Gaudron JJ.

Section 18 of the Conciliation and Arbitration Act 1904 Cth ("the Act") empowers the Conciliation and Arbitration Commission "to prevent or settle industrial disputes by conciliation or arbitration". Section 25 of the Act provides for notification of disputes to the Commission. By s. 24(1) of the Act, subject to power to vary or revoke any finding, the Commission is required in proceedings relating to an industrial dispute or alleged industrial dispute to "determine whether there is an industrial dispute and, if so, who are the parties and what are the matters in dispute, and record its findings ".

Section 53 of the Northern Territory (Self-Government) Act 1978 Cth applies the Act to industrial disputes in the Northern Territory notwithstanding that the dispute is confined to that Territory.

On 22 April 1986 the Federated Miscellaneous Workers' Union of Australia ("the Union") notified the Commission of a dispute between it and the Australasian Society of Engineers ("the Society"), on the one hand, and Ranger Uranium Mines Pty. Ltd. ("the company"), on the other hand. The dispute was said to arise from "the company's action on 21 April of purporting to summarily dismiss seven of its employees."

The employees concerned were employed by the company at its Jabiru mine in the Northern Territory in accordance with the Uranium and Metalliferous Mining (N.T.) Award 1985 ("the Award"). The dispute (numbered C3670 of 1986) came on for hearing before Mr. Commissioner Donaldson. During the hearing it was made plain by the Union and the Society that they were seeking a variation of the Award or the making of a new award to provide for the reinstatement of the dismissed employees. The Commissioner held that he had no jurisdiction in the matter, and declined to make any finding as to the existence of a dispute, or to further entertain the dispute so notified.