R v Blakeley; Ex parte Australian Theatrical & Amusement Employees Association [1949] HCA 58

R v Blakeley; Ex parte Australian Theatrical & Amusement Employees Association [1949] HCA 58

A majority held that prohibition should not issue against the variation so far as it bound the prosecutor and the Cinematograph Exhibitors' Association, because the commissioner had jurisdiction to make the variation either as within the dispute or as dealing with a real dispute within the powers conferred by the Act. However, the variation could not bind other employers who were respondents to the award but were not parties to the variation proceedings, so prohibition was made absolute to that extent.

Jurisdiction
Australia
Procedural Posture
Application for Writ of Prohibition / Return of Order Nisi
Outcome
Order absolute so far as order of Conciliation Commissioner applies in respect of respondents to the award other than the Cinematograph Exhibitors Association and members thereof respondents to the award. Order nisi otherwise discharged. Prosecutor to pay costs (including reserved costs) of respondent association.
Legal Topics
['conciliation and Arbitration' 'variation of Award' 'ambit of Industrial Dispute' 'jurisdiction of Conciliation Commissioner' 'writ of Prohibition Under S. 75 (v.) of the Constitution']
['industrial Law' 'administrative Law' 'constitutional Law'] ['conciliation and Arbitration' 'variation of Award' 'ambit of Industrial Dispute' 'jurisdiction of Conciliation Commissioner' 'writ of Prohibition Under S. 75 (v.) of the Constitution']

Case Brief

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Procedural Posture

Application for Writ of Prohibition / Return of Order Nisi

Legal Issues

  1. 1 ['Whether the conciliation commissioner had jurisdiction to vary the award by prescribing an hourly rate for male or female ushers, ticket takers, receptionists and monitors in country theatres in Victoria and Tasmania.' 'Whether the variation was within the ambit of the industrial dispute on which the award of 17th December 1947 was made, or was supported by a new industrial dispute.' 'Whether the variation could bind employers who were respondents to the award but were not parties to the application for variation.']

Ratio Decidendi

A majority held that prohibition should not issue against the variation so far as it bound the prosecutor and the Cinematograph Exhibitors' Association, because the commissioner had jurisdiction to make the variation either as within the dispute or as dealing with a real dispute within the powers conferred by the Act. However, the variation could not bind other employers who were respondents to the award but were not parties to the variation proceedings, so prohibition was made absolute to that extent.

Court Disposition

Order absolute so far as order of Conciliation Commissioner applies in respect of respondents to the award other than the Cinematograph Exhibitors Association and members thereof respondents to the award. Order nisi otherwise discharged. Prosecutor to pay costs (including reserved costs) of respondent association.

Orders

  • ['Order absolute so far as order of Conciliation Commissioner applies in respect of respondents to the award other than the Cinematograph Exhibitors Association and members thereof respondents to the award.' 'Order nisi otherwise discharged.' 'Prosecutor to pay costs (including reserved costs) of respondent...