R v Blackburn; Transport Workers' Union of Australia, Ex p [1952] HCA 45

R v Blackburn; Transport Workers' Union of Australia, Ex p [1952] HCA 45

The amendments to s. 16 of the Conciliation and Arbitration Act by Act No. 34 of 1952, which changed the mechanism for resolving challenges to a conciliation commissioner's jurisdiction under s. 13, apply to applications pending at the time of commencement. Thus, a writ of prohibition is no longer the appropriate remedy, and the orders nisi should be discharged. The validity of clause 4(d)(iii) of the Award remains unresolved and is preserved for later determination.

Jurisdiction
Australia
Procedural Posture
Orders Nisi for Writs of Prohibition / Judgment on Whether to Discharge Orders Nisi Following Legislative Amendments
Outcome
Orders nisi discharged
Legal Topics
['conciliation and Arbitration' 'jurisdiction of Conciliation Commissioners' 'validity of Industrial Awards' 'effect of Legislative Amendments on Pending Proceedings']
['industrial Law' 'administrative Law'] ['conciliation and Arbitration' 'jurisdiction of Conciliation Commissioners' 'validity of Industrial Awards' 'effect of Legislative Amendments on Pending Proceedings']

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Procedural Posture

Orders Nisi for Writs of Prohibition / Judgment on Whether to Discharge Orders Nisi Following Legislative Amendments

Legal Issues

  1. 1 ['Whether legislative amendments in Act No. 34 of 1952 apply to pending applications before conciliation commissioners' 'Whether orders nisi for prohibition should be discharged in light of new statutory provisions' "Whether clause 4(d)(iii) of the Transport Workers' (General) Award 1950, as amended, is ultra vires and void"]

Ratio Decidendi

The amendments to s. 16 of the Conciliation and Arbitration Act by Act No. 34 of 1952, which changed the mechanism for resolving challenges to a conciliation commissioner's jurisdiction under s. 13, apply to applications pending at the time of commencement. Thus, a writ of prohibition is no longer the appropriate remedy, and the orders nisi should be discharged. The validity of clause 4(d)(iii) of the Award remains unresolved and is preserved for later determination.

Court Disposition

Orders nisi discharged

Orders

  • ["Order nisi in Reg. v. Blackburn and Another; Ex parte Transport Workers' Union of Australia discharged without prejudice to the question whether clause 4 (d) (iii) of the Transport Workers' (General) Award as amended or any part of it is a term of the award made without jurisdiction and void." "No order as to...