Industrial Law (Cth) – Australian Industrial Relations Commission - Certified Agreement - Dispute over application of Agreement - Local dispute - Whether s 89A of the WR Act operates to limit the powers exercisable by the Commission in discharging its functions under s 89(b) of the WR Act and s 170MH of the IR Act.
Industrial Law (Cth) – Agreed dispute resolution procedure - Difference between agreed and arbitrated dispute settlement procedures - Certified Agreement containing provision for procedures relating to resolution of disputes - Provisions extend beyond s 170MH of the IR Act - Whether provisions wholly invalid.
Industrial Law (Cth) – Whether certification valid - Unresolved interstate industrial dispute - Negotiations with respect to terms and conditions to replace those contained in Award - Whether industrial situation under s 4 of the IR Act.
Costs – Whether statutory disentitlement to costs under s 347(1) of the WR Act has application to a proceeding for the issue of prohibition under s 75(v) of the Constitution.
Industrial Relations Act 1988 (Cth) s 170MA – s 170MH.
Workplace Relations Act 1996 (Cth) s 89(b) – s 89A, s 347(1).
Judgment date
Case number
M12/2000
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords