Industrial law (Cth) – Australian Industrial Relations Commission - Statutory amendment obliging Commission to cease dealing with industrial dispute if satisfied that a State award or employment agreement governs the wages and conditions of employment in issue, unless satisfied that ceasing would not be in the public interest - Effect on pending proceedings.
Statutes – Construction - Presumption that repeal or partial repeal does not affect any right acquired or accrued under earlier Act unless contrary intention appears - Whether s 8(c) of the Acts Interpretation Act 1901 (Cth) preserved respondent unions' rights to have pending industrial disputes arbitrated by Australian Industrial Relations Commission without regard to s 111AAA of the Workplace Relations Act 1996 (Cth) - Whether respondent unions had acquired or accrued a relevant "right" - Whether presumption displaced by contrary intention in repealing statute.
Words and phrases – "Accrued right".
Acts Interpretation Act 1901 (Cth) – s 8.
Industrial Relations Act 1988 (Cth) – ss 104(1), 111(1)(g).
Workplace Relations and Other Legislation Amendment Act 1996 (Cth) – Sched 5.
Workplace Relations Act 1996 (Cth) – s 111AAA.
Judgment date
Case number
B53/2001
B54/2001
B56/2001
B57/2001
B58/2001
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords