Hoyts Corporation Pty Limited & Ors v Media, Entertainment and Arts Alliance & Ors; Re Media Entertainment and Arts Alliance & Ors; Ex parte Arnel & Ors (M41-93,-M44-93; M42-93, M45-93; M43-93

The applicants, Hoyts Corporation Pty Limited and associated companies, sought writs of prohibition, mandamus, and certiorari against members of the Australian Industrial Relations Commission (AIRC) and the Media, Entertainment and Arts Alliance and the Theatre Managers Association. The proceedings before the High Court of Australia concerned disputes arising from applications made to the AIRC.

The central legal issues before the Court involved the interpretation and application of section 101 of the *Industrial Relations Act 1988* (Cth), which pertains to the Commission's powers and procedures in relation to industrial disputes. Specifically, the applicants sought to challenge decisions or potential decisions of the AIRC concerning the scope and conduct of proceedings before it. A separate application concerning section 111(1)(g) of the *Industrial Relations Act 1988* (Cth) was withdrawn as it had been overtaken by events in the AIRC.

The Court was informed that the parties had reached an agreement regarding the presentation of the matters. It was proposed that proceedings M42 and M43, concerning the section 101 issues raised by Hoyts, would be heard first. These would be followed by proceeding MS0, which also raised a section 101 point in relation to an employees' notice of motion. The respondents' counsel would then respond to the submissions made by the applicants in these two sets of proceedings.

As a result of this agreement and the withdrawal of the section 111(1)(g) application (M41 and M44), the Court was not required to make substantive orders on those withdrawn matters. The focus of the hearing was directed towards the section 101 proceedings.