Re Australian Liqour, Hospitality and Miscellaneous Workers Union; Ex parte Australian Hotels Association

The Australian Hotels Association (the applicant) sought orders of mandamus and certiorari against the Honourable Justice Maddern, President of the Australian Industrial Relations Commission. The dispute concerned the President's refusal to refer an application by the Australian Liquor, Hospitality and Miscellaneous Workers Union for award variation to a Full Bench of the Commission. The Union's application had proceeded through the conciliation phase before Commissioner Fogarty, who then indicated that no further progress was likely. The applicant then sought a reference to a Full Bench pursuant to section 107 of the *Industrial Relations Act*, which required the President's approval.

The legal issue before the High Court was whether the President had properly applied the test prescribed by section 107 of the *Industrial Relations Act* when refusing the application for referral to a Full Bench. Specifically, the applicant contended that the President had misdirected himself by applying an incorrect test, failing to form the requisite opinion as to whether the industrial dispute or a part thereof was of such importance that, in the public interest, it should be dealt with by a Full Bench, as mandated by section 107(6)(b) of the Act.

The applicant argued that the President's written reasons indicated he had considered the "subject matter and the reasons for the application" and concluded that, in the public interest, a Full Bench should not be constituted. However, the applicant submitted that this reasoning did not demonstrate that the President had formed the necessary opinion regarding the importance of the dispute in the public interest, which was the statutory criterion for granting the application. The applicant's primary proposition was that the President had failed to direct himself to the correct legal test.