R v Austin; Ex parte Farmers and Graziers Co-operative Co Ltd [1964] HCA 48

R v Austin; Ex parte Farmers and Graziers Co-operative Co Ltd [1964] HCA 48

The Commissioner had no jurisdiction to make orders for payment of wages and for treating the relevant period as service under the Award; the orders were an attempted enforcement of legal rights not constituting an inter-State industrial dispute and not within the Commission's power.

Jurisdiction
Australia
Procedural Posture
Application for Writ of Prohibition / High Court Judgment on Application
Outcome
Order absolute; application for prohibition granted
Legal Topics
['writ of Prohibition' 'jurisdiction of Commonwealth Conciliation and Arbitration Commission' 'retrospective Variation of Award' 'enforcement of Award' 'industrial Dispute']
['industrial Law' 'constitutional Law'] ['writ of Prohibition' 'jurisdiction of Commonwealth Conciliation and Arbitration Commission' 'retrospective Variation of Award' 'enforcement of Award' 'industrial Dispute']

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Procedural Posture

Application for Writ of Prohibition / High Court Judgment on Application

Legal Issues

  1. 1 ['Whether the Commissioner had jurisdiction to order payment of wages and treat period between dismissal and re-engagement as service' 'Whether there was an inter-State industrial dispute' 'Whether the orders were an impermissible exercise of judicial power']

Ratio Decidendi

The Commissioner had no jurisdiction to make orders for payment of wages and for treating the relevant period as service under the Award; the orders were an attempted enforcement of legal rights not constituting an inter-State industrial dispute and not within the Commission's power.

Court Disposition

Order absolute; application for prohibition granted

Orders

  • ['Order absolute in prohibition' 'Costs including costs of the order nisi to be paid by the respondent Union']