Re Australian Bank Employees' Union; Ex parte Illaton Pty Ltd

High Court of Australia McHugh J Re Australian Bank Employees' Union; Ex parte Illaton Pty Ltd

McHugh J.

This is an application for an order nisi for writs of mandamus and prohibition brought by the Australian Federation of Airline Pilots (the prosecutor) directed to a Deputy President of the Industrial Relations Commission and four airline companies (the respondents). The object of the application is to prevent the Deputy President from proceeding:

further to hear and/or determine the Application by the Respondents Ansett Transport Industries (Operations) Pty Ltd, Australian Airlines Limited, East West Airlines (Operations) Pty Ltd and Mayne Nickless Limited (trading as Ipec Aviation) pursuant to s 18 of the Industrial Relations Act 1988 filed in the Industrial Relations Commission and numbered C No 31317 of 1990 and dated 14 May 1990, which purports to relate to a demarcation dispute between the Ansett Transport Industries (Operations) Pty Ltd, Australian Airlines Limited, East West Airlines (Operations) Pty Ltd and Mayne Nickless Limited (trading as Ipec Aviation) and the Prosecutor.

The application for the order nisi arises out of an application which was filed in the Industrial Relations Commission on 14 May 1990, and by which the respondents sought orders under s 118 of the Industrial Relations Act 1988 Cth.

The relevant part of s 118 for present purposes is subs (3) which provides:

Without limiting the powers of the Commission in relation to demarcation disputes, the Commission may, for the purpose of preventing or settling a demarcation dispute, but subject to subsection 202(3), make one or more of the following orders:

(a) an order that an organisation of employees shall have the right, to the exclusion of another organisation or organisations, to represent under this Act the industrial interests of a particular class or group of employees who are eligible for membership of the organisation;