Re Construction, Forestry, Mining Energy Union; Ex parte WJ Deane & Sons Pty Ltd [1994] HCA 53

High Court of Australia Mason C.J. Dawson and McHugh JJ. Re Construction, Forestry, Mining Energy Union; Ex parte WJ Deane & Sons Pty Ltd [1994] HCA 53

ORDER Order nisi for prohibition and certiorari made absolute.

Cur. adv. vult.

The Court delivered the following written judgment: —

Nov. 9 Mason C.J., Dawson and McHugh JJ.

This application to make absolute an order nisi for prohibition and certiorari directed to Commissioner Grimshaw and the Australian Industrial Relations Commission ("the Commission") relates to a finding of dispute made by Commissioner Grimshaw on 28 May 1991, his later decision on 30 July 1992 not to revoke that earlier finding and the dismissal by a Full Bench of the Commission of an appeal from those decisions.

The finding of dispute arose out of the service on the prosecutors of a letter of demand dated 14 March 1991 signed by an officer of each of five national unions of employees on behalf of each of the respective unions. One officer was the National Secretary of his union, another was the Assistant General Secretary, yet another the Secretary and the remaining two officers were the Federal Secretaries of their respective unions. The letter of demand, which was expressed to be made jointly and severally on behalf of the five unions, required acceptance within seven days of a log of claims which accompanied the letter. The prosecutors did not accept the log of claims within seven days or at all. Following a notification of dispute dated 1 May 1991, signed by Mr. Fowler, the national industrial officer of one of the five unions, under s. 99 of the Industrial Relations Act 1988 Cth ("the Act"), Commissioner Grimshaw found that an industrial dispute existed between the unions and the prosecutors extending beyond the limits of one State. He directed the parties to confer, reserving the rights of parties desiring to present argument pursuant to s. 111(1)(g) of the Act.