CFMEU v AIRC & Anor

The applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), sought judicial review of a decision of the Australian Industrial Relations Commission (AIRC) and the second respondent, the Minister for Industrial Relations. The dispute concerned the AIRC's refusal to grant the CFMEU leave to appeal against a decision of a single Commissioner regarding the interpretation of an award.

The High Court was required to determine whether the AIRC had erred in law by refusing the CFMEU leave to appeal. Specifically, the Court considered whether the AIRC had failed to properly apply the principles governing the grant of leave to appeal, particularly in circumstances where the appeal raised questions of public importance or involved a significant error of law by the primary decision-maker.

The Court held that the AIRC had erred in law in its refusal to grant leave to appeal. The majority reasoned that the AIRC had not adequately considered the grounds of appeal, which raised important questions concerning the interpretation of the award and its application to the circumstances before the Commissioner. The Court emphasised that the AIRC's discretion to refuse leave to appeal must be exercised judicially, taking into account all relevant factors, including the potential significance of the legal issues raised.

The High Court ordered that the AIRC's decision refusing leave to appeal be quashed, and remitted the matter to the AIRC for reconsideration of the application for leave to appeal according to law.