Decision: Sydney, 14 May 2002 [PR917278]
Full Bench: Vice President McIntyre, Senior Deputy President Lacy, Commissioner Smith

This decision concerned an appeal against a Member who had decided not to continue to hear proceedings initiated pursuant to ss.127 and 166A of the Act by Worley Ltd and another against The Australian Workers' Union and others. The Member made this decision following an application under s.105 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia that, because he had exercised conciliation powers, the unions had a reasonable apprehension of bias and, accordingly, he should not continue to hear the matters.

The central question in the matter was whether s.105 is applicable to proceedings under ss.127 and 166A.

The Full Bench decided the powers conferred on the Commission by ss.127 and 166A are not arbitration powers as that term is used in s.105 and accordingly that the Member who heard the matter at first instance was in error in acceding to the application made pursuant to s.105.