Australian Industrial Relations Commission

COMMISSIONER PALMER ADELAIDE, 18 JUNE 1997

Application pursuant to S.46 of the Act.

That application was resisted by the CFMEU and the AMWU.

At page 139 of transcript I said in respect to the application; "I have a sense that (on) the authorities cited by Mr Roberts and the scheme of the Act, and I say (if) for no reason other than that the matters can be dealt with quickly, that the matter ought to remain in the Commission. But I would like to refer to the authorities and read the transcript before I reach a final decision in the matter which we have been reminded of course is a discretionary matter for the Commission."

I have now had the opportunity to read the transcript and the authorities and I have decided to exercise my discretion in favour of dismissing the application.

Reasons for this procedural decision will be published in due course.

Mr Watson's alternative application pursuant to s.107 of the Act has now been referred to Her Honour the President.

I order accordingly.

BY THE COMMISSION:

COMMISSIONER

Decision Summary

		Case procedures - s.46 Workplace Relations Act 1996 - reference to Court - various employees, building, metal and civil construction industry - employer requested reference to the Court on a question of law - request refused - reasons to be published later - s.107 Workplace Relations Act 1996 - matter referred to President to determine whether it should be dealt with by a Full Bench
CFMEU and Bechtel Australia P/L - notification of industrial dispute
C No 23754 of 1996	Print P2050
Palmer C	Adelaide	18 June 1997