R v Portus; Ex parte Thiess Bros Pty Ltd [1969] HCA 15

R v Portus; Ex parte Thiess Bros Pty Ltd [1969] HCA 15

The notified matter was only a dispute about the meaning, application and alleged breach of cl. D.23 of an existing award, not an industrial dispute capable of supporting the Commissioner's arbitral jurisdiction. The Commissioner's decision therefore amounted to an attempted exercise of judicial power by interpreting and enforcing the award, which was beyond his power, so prohibition should issue.

Jurisdiction
Australia
Procedural Posture
Application for Prohibition / Application to Make Order Nisi for Prohibition Absolute
Outcome
Order absolute for prohibition. Respondent union to pay the prosecutor's costs.
Legal Topics
['industrial Dispute' 'interpretation and Enforcement of Award' 'judicial Power' 'prohibition' 'commonwealth Conciliation and Arbitration Commission']
['industrial Law' 'administrative Law' 'constitutional Law'] ['industrial Dispute' 'interpretation and Enforcement of Award' 'judicial Power' 'prohibition' 'commonwealth Conciliation and Arbitration Commission']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Prohibition / Application to Make Order Nisi for Prohibition Absolute

Legal Issues

  1. 1 ['Whether the matter notified by the respondent union was an industrial dispute within the meaning of the relevant statutory provisions.' 'Whether the Commissioner was attempting to interpret and enforce an existing award rather than settle or prevent an industrial dispute.' "Whether the Commissioner's decision involved an impermissible exercise of judicial power."]

Ratio Decidendi

The notified matter was only a dispute about the meaning, application and alleged breach of cl. D.23 of an existing award, not an industrial dispute capable of supporting the Commissioner's arbitral jurisdiction. The Commissioner's decision therefore amounted to an attempted exercise of judicial power by interpreting and enforcing the award, which was beyond his power, so prohibition should issue.

Court Disposition

Order absolute for prohibition. Respondent union to pay the prosecutor's costs.

Orders

  • ['Order absolute for prohibition.' "Respondent union to pay the prosecutor's costs."]