Re Media Entertainment and Arts Alliance & Ors; Ex parte Her Majesty's Attorney-General for the State of Queenslaxnd

Her Majesty's Attorney-General for the State of Queensland sought writs of prohibition and certiorari from the High Court of Australia, directed to Deputy Presidents Polites and Acton and Commissioner McDonald of the Australian Industrial Relations Commission (AIRC). The application concerned a dispute arising from the AIRC's decision to restrain the Queensland Industrial Relations Commission from making an award sought by the Australian Workers' Union of Employees, Queensland (AWU). The underlying matter involved the certification of an industrial agreement between the Media Entertainment and Arts Alliance (MEAA) and Birch Carroll and Coyle (Northern Rivers) Pty Ltd and another related company.

The central legal issue before the High Court was whether the AIRC had the power to issue an order under section 128 of the *Industrial Relations Act 1988* (Cth) to restrain a State industrial tribunal from making an award. The Attorney-General argued that the AIRC had acted without jurisdiction in making such an order, thereby exceeding its statutory authority. The dispute had its origins in the AWU's application to the AIRC under section 111(1)(g) of the *Industrial Relations Act 1988* (Cth) to refrain from certifying an agreement between the MEAA and the employer respondents, on the grounds that the matter was more conveniently dealt with by the State industrial authorities.

Gaudron J, sitting in chambers, considered the application for the writs. The Attorney-General contended that the AIRC's order preventing the Queensland Commission from making an award was an overreach of its powers. The AWU, as the fifth respondent, appeared and had filed an affidavit supporting the Attorney-General's position. The employer respondents indicated they would not attend but reserved their rights, and two other States declined to intervene. The MEAA, the primary opponent, had not formally responded. The High Court ultimately quashed the order made by the AIRC.