Re Australian Teachers Union & Ors; Ex parte The State of Victoria

The State of Victoria sought an order nisi to review a dispute finding and an interim award made by the Australian Industrial Relations Commission. The applicants, the State of Victoria and the Honourable Minister for Education for the State of Victoria, were represented by Mr R.R.S. Tracey QC and Mr B.J.F. Mueller. The respondents were the Honourable Justice Munro, the Honourable Deputy President Williams, Commissioner McDonald, and the Australian Teachers' Union. The dispute concerned redundancy arrangements for teachers in the Victorian public system.

The primary legal issue before the High Court was whether to grant an order nisi to review the decision of the Australian Industrial Relations Commission. The State of Victoria sought writs of prohibition, mandamus, and certiorari against the Commission's finding and award. A secondary issue arose regarding whether notice of the application should be given to the Australian Teachers' Union, despite the application being made ex parte.

The Court, acknowledging the ex parte nature of the application, considered the potential rights of the respondent. His Honour directed that the order nisi, if made, should not be taken out for seven days, allowing for notice to be given to Holding Redlich, solicitors for the Australian Teachers' Union. This would afford the Union an opportunity to make any necessary applications. The applicants did not oppose this course of action. The underlying dispute involved the Victorian Government's initiative to reduce teacher numbers through voluntary resignation packages, with offers made to various classes of teachers.