R v Gough; Ex parte Meat and Allied Trades Federation of Australia [1969] HCA 71

R v Gough; Ex parte Meat and Allied Trades Federation of Australia [1969] HCA 71

The Commission does not have the power to enforce its own awards or make orders for the reinstatement, re-engagement, or re-employment of employees on application under a clause of the type in question. To do so would be to exercise judicial power, which cannot be conferred on the Commission by award or statute; therefore, the inclusion of the second paragraph in a federal award is beyond the Commission’s authority and invalid.

Jurisdiction
Australia
Procedural Posture
Application for Prohibition / Order on Application for Prohibition (order Nisi)
Outcome
Order nisi for prohibition made absolute
Legal Topics
['powers of Commonwealth Conciliation and Arbitration Commission' 'award Enforcement' 'judicial Power' 'construction of Industrial Awards']
['industrial Law' 'constitutional Law'] ['powers of Commonwealth Conciliation and Arbitration Commission' 'award Enforcement' 'judicial Power' 'construction of Industrial Awards']

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Procedural Posture

Application for Prohibition / Order on Application for Prohibition (order Nisi)

Legal Issues

  1. 1 ['Whether the Commonwealth Conciliation and Arbitration Commission has power to include, in a federal award, a clause empowering it to order reinstatement, re-engagement, or re-employment of employees after finding a breach of the award']

Ratio Decidendi

The Commission does not have the power to enforce its own awards or make orders for the reinstatement, re-engagement, or re-employment of employees on application under a clause of the type in question. To do so would be to exercise judicial power, which cannot be conferred on the Commission by award or statute; therefore, the inclusion of the second paragraph in a federal award is beyond the Commission’s authority and invalid.

Court Disposition

Order nisi for prohibition made absolute

Orders

  • ['The order nisi for prohibition is made absolute.' "Prosecutor's costs to be paid by the respondent, the Australasian Meat Industry Employees' Union."]