FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining & Energy Union v Australian Industrial Relations Commission [1999] FCA 847

 


N41 of 1999

RE: AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

EX PARTE:  CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

 

N166 of 1999

MINE MANAGEMENT PTY LIMITED

Applicant

AND:

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, First Respondent;

GORDONSTONE COAL MANAGEMENT PTY LIMITED, Second Respondent

 

WILCOX, MOORE AND MADGWICK JJ

SYDNEY

25 JUNE 1999




IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

N41 of 1999

 

BETWEEN:

IN THE MATTER of an Application for Writs of Prohibition, Mandamus and Certiorari against a Full Bench of the AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION consisting of the Honourable Senior Deputy President John MacBean, the Honourable Senior Deputy President Colin Polites and Commissioner Ken Bacon

 

EX PARTE:  CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

 

BETWEEN:

 

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

Applicant/Prosecutor

 

AND:

THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION consisting of the Honourable Senior Deputy President John MacBean, the Honourable Senior Deputy President Colin Polites and Commissioner Ken Bacon

First Respondents

 

GORDONSTONE COAL MANAGEMENT PTY LIMITED

Second Respondent

 

MINE MANAGEMENT PTY LIMITED

Third Respondent

 

The Honourable Senior Deputy President ANN HARRISON

Fourth Respondent

 

 

IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

N166 of 1999

 

BETWEEN:

 

AND:

MINE MANAGEMENT PTY LIMITED

Applicant

 

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

First Respondent

 

GORDONSTONE COAL MANAGEMENT PTY LIMITED

Second Respondent

 

 

 

JUDGES:

WILCOX, MOORE and MADGWICK JJ

DATE OF ORDER:

25 JUNE 1999

WHERE MADE:

SYDNEY

 

 

 

CORRIGENDUM


1.      In the reasons for decision of Moore J in the above matters, the word "any" in paragraph 146 should be deleted and the sentence should read:


            "I now turn to consider whether legal error is evident in the reasons of the majority relating to their characterisation of the orders Commissioner Hingley might have made and the award made by Commissioner Hodder, or in their characterisation of the two sets of proceedings before the respective Commissioners."



2. In the appearances on the last page of the judgment, "G W Haylen QC" should be corrected to read "W R Haylen QC".



Associate:


Dated:              29 June 1999