Re Finance Sector Union of Australia; Ex parte Illaton Pty Ltd; Re Finance Sector Union of Australia; Ex parte Swartz

The High Court of Australia considered applications for writs of prohibition brought by Illaton Pty Ltd and by Michael Glenn Swartz and others. The applications concerned the participation of Deputy President Macbean of the Australian Industrial Relations Commission (AIRC) in proceedings before a Full Bench of the AIRC. The dispute arose from applications made by Illaton Pty Ltd for the certification of three agreements relating to conditions of employment, annual leave, and no extra claims, entered into with the Metway Group Staff Association.

The central legal issue before the High Court was whether Deputy President Macbean was disqualified from sitting as a member of the Full Bench of the AIRC. This question arose because the solicitors for Illaton Pty Ltd had informed the President of the AIRC that the agreements did not comply with Full Bench principles, leading to the matter being referred to a Full Bench pursuant to s 115(6) of the relevant Act. The applicants sought to prohibit Deputy President Macbean from continuing as a member of that Full Bench.

The Court was required to determine the implications of the referral of the agreements to a Full Bench under s 115(6) of the Act. This section provides that if the President is of the opinion that an agreement is inconsistent with general Full Bench principles, the powers of the Commission under s 115 are exercisable only by a Full Bench. The applicants contended that the Deputy President's involvement was improper, suggesting a potential bias or pre-judgment arising from the circumstances of the referral.