Metal Trades & Anor, Ex parte - Re AIRC

This matter came before Gaudron J in chambers, concerning an application by Metal Trades and another party for a writ of prohibition against the Australian Industrial Relations Commission (AIRC). The applicants sought to prevent the AIRC from proceeding with a hearing concerning an alleged contravention of section 127 of the Industrial Relations Act 1988 (Cth).

The central legal issue before the Court was whether the AIRC had jurisdiction to hear and determine the matter. Specifically, the Court was required to consider whether the conduct alleged to have contravened section 127 constituted a "dispute" within the meaning of the Industrial Relations Act 1988 (Cth) and, if so, whether the AIRC had the power to arbitrate such a dispute.

Gaudron J reasoned that section 127 of the Act, which deals with the prohibition of industrial action, contemplates a dispute that is capable of being the subject of conciliation and arbitration. Her Honour found that the conduct in question, which involved a refusal to perform certain duties, did not give rise to a dispute that the AIRC was empowered to arbitrate under the Act. Consequently, the AIRC lacked jurisdiction to hear the matter.

The Court ordered that a writ of prohibition issue, preventing the AIRC from further proceeding with the hearing.