Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission

Administrative law – Judicial review - Prohibition - Mandamus - Whether erroneous finding of appealable error in the exercise of appellate jurisdiction amounts to jurisdictional error - Whether such an error is an error within jurisdiction - Whether misconception of appellate function amounts to jurisdictional error - Whether discretionary decision may be challenged if error in decision-making process can be demonstrated or inferred.

Appeals – Industrial tribunal - Forms of appeal - Character of appellate jurisdiction - Whether misconception amounts to error within jurisdiction or error permitting judicial review.

Industrial law (Cth) – Australian Industrial Relations Commission - Appeals - Nature of an appeal to the Full Bench of the Australian Industrial Relations Commission from discretionary decision of single member - Whether appeal under s 45 of the Workplace Relations Act 1996 (Cth) permits Full Bench to exercise discretionary power afresh in absence of appealable error - Whether appeal in strict sense or by way of rehearing.

Words and phrases – "appeal" - "discretionary decision" - "jurisdictional error".

Constitution – s 75(v).

Workplace Relations Act 1996 (Cth) – ss 45, 170MW(1), (3).