Re Maritime Union of Australia; Ex parte CSL Pacific Shipping Inc

The High Court of Australia considered an application by CSL Pacific Shipping Inc for an order nisi, which sought to challenge the jurisdiction of the Australian Industrial Relations Commission (AIRC). The Maritime Union of Australia and other respondents were involved in the dispute concerning the application of the *Workplace Relations Act 1996* (Cth) to foreign-flagged vessels and their non-resident seafarers.

The central legal issues before the Court were whether section 5(3) of the *Workplace Relations Act 1996* validly extended to employers not present in Australia and to foreign non-resident seafarers engaged outside Australia. The Court also had to determine if Part VI of the *Navigation Act 1912* (Cth) impliedly repealed section 5(3) of the *Workplace Relations Act 1996*, and whether the construction of section 5(3) should be limited by principles of customary international law concerning the "innocent passage" and "internal economy" of ships. Finally, the Court considered whether the prosecutor had been validly served pursuant to the *Australian Industrial Relations Commission Rules 1998*.

The Court concluded that the controlling consideration was whether there had been a denial of procedural fairness through inadequate notification or service of process. As no such issue arose in the present case, the Court found that the AIRC had not acted in excess of its jurisdiction. The Court did not find that Part VI of the *Navigation Act 1912* impliedly repealed section 5(3) of the *Workplace Relations Act 1996*, nor did it limit the construction of section 5(3) by reference to customary international law principles.

The order nisi granted to CSL Pacific Shipping Inc was discharged, and CSL Pacific Shipping Inc was ordered to pay the respondents' costs.