Re Commonwealth Conciliation and Arbitration Commission; Re Association of Professional Engineers, Australia; Ex parte City of Perth [1973] HCA 64

Re Commonwealth Conciliation and Arbitration Commission; Re Association of Professional Engineers, Australia; Ex parte City of Perth [1973] HCA 64

The order nisi for prohibition should be made absolute because the rejection of the Association's demands for the Commission to exercise power to review dismissals did not give rise to a relevant industrial dispute extending beyond a single State within the meaning of the Constitution or Conciliation and Arbitration Act. The claims pertained to conferring powers on the Commission rather than to the employer-employee relationship or industrial matters, and would involve improper conferral of judicial power on the Commission.

Jurisdiction
Australia
Procedural Posture
Application for Writ of Prohibition / High Court Judgment on Order Nisi
Outcome
Order nisi for prohibition made absolute by majority.
Legal Topics
['industrial Disputes' 'judicial Power' 'conciliation and Arbitration Act' 'jurisdiction of Industrial Commission' 'dismissal of Employees']
['industrial Law' 'constitutional Law' 'administrative Law'] ['industrial Disputes' 'judicial Power' 'conciliation and Arbitration Act' 'jurisdiction of Industrial Commission' 'dismissal of Employees']

Case Brief

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Procedural Posture

Application for Writ of Prohibition / High Court Judgment on Order Nisi

Legal Issues

  1. 1 ['Whether the claims by the Association of Professional Engineers, Australia gave rise to an industrial dispute within jurisdiction under the Conciliation and Arbitration Act and Constitution.' 'Whether the proposed award sought to exercise judicial power contrary to the Constitution.' 'Whether a demand that the Commission gain power to review dismissals pertains to relations of employer and employee.']

Ratio Decidendi

The order nisi for prohibition should be made absolute because the rejection of the Association's demands for the Commission to exercise power to review dismissals did not give rise to a relevant industrial dispute extending beyond a single State within the meaning of the Constitution or Conciliation and Arbitration Act. The claims pertained to conferring powers on the Commission rather than to the employer-employee relationship or industrial matters, and would involve improper conferral of judicial power on the Commission.

Court Disposition

Order nisi for prohibition made absolute by majority.

Orders

  • ['Order that the order nisi for prohibition be made absolute.' "Prosecutor's costs to be paid by the respondent Association."]