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

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJRE: THE MARITIME UNION OF   RESPONDENTSAUSTRALIA & ORSEX PARTE CSL PACIFIC   APPLICANT/PROSECUTORSHIPPING INCRe The Maritime Union of Australia & Ors;Ex parte CSL Pacific Shipping Inc[2003] HCA 437 August 2003S391/2002ORDER1.   Order nisi granted on 18 November 2002, as amended on 6 May 2003, discharged.2.   Prosecutor to pay the respondents’ costs.Representation:C N Jessup QC with G J Hatcher SC and C S Ward for the applicant/prosecutor (instructed by Blake Dawson Waldron)No appearance for the first respondentsD F Jackson QC with A S Bell for the second respondents (instructed by W G McNally & Co)Intervener:D M J Bennett QC, Solicitor-General of the Commonwealth of Australia with R F Crow intervening on behalf of the Attorney-General of the Commonwealth of Australia (instructed by Australian Government Solicitor)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSRe The Maritime Union of Australia & Ors; Ex parte CSL Pacific Shipping IncConstitutional Law (Cth) – Powers of the Parliament – Trade and commerce with other countries and among the States – Industrial relations – Application for variation of an award – Whether s 5(3), Workplace Relations Act 1996 (Cth) ("WRA") validly extends to employers not present in Australia – Whether s 5(3), WRA validly extends to foreign non-resident seafarers engaged outside Australia.Industrial Law (Cth) – Application for variation of an award – Whether Australian Industrial Relations Commission had jurisdiction pursuant to s 5(3), WRA –...