Re Aggett & Ors; Ex parte Australian Airlines Limited

Australian Airlines Limited sought writs of prohibition and certiorari against the Honourable Michael Francis Moore (Vice-President of the Australian Industrial Relations Commission), the Honourable Simon John Williams (Deputy President), and Commissioners Rupert George Sweeney and Kenneth John McDonald. The application concerned the jurisdiction of the Commission in relation to an industrial dispute.

The central legal issue before the High Court was whether the matter should be remitted to the Industrial Relations Court of Australia. This question involved the statutory construction of provisions relating to the jurisdiction of the Industrial Relations Court and the interpretation of previous High Court decisions, particularly concerning the definition of "industrial dispute" and its implications for the scope of claims that could be legitimately made.

The High Court, after considering submissions, determined that the matter would profit from a thorough examination by the Industrial Relations Court. Consequently, the Court ordered that the matter be remitted to the Industrial Relations Court of Australia, with directions that all steps already taken in the High Court would be deemed to have been taken in the Industrial Relations Court.