R v Blakeley; Ex parte Association of Architects, &c., of Australia [1950] HCA 40

R v Blakeley; Ex parte Association of Architects, &c., of Australia [1950] HCA 40

A majority of the High Court held that the Conciliation Commissioner had no power to determine conclusively the existence or non-existence of an industrial dispute; that the existence of such a dispute in fact is a condition of jurisdiction subject to the Court’s independent determination. On the evidence, real and genuine disputes did exist between the applicant organization and the employers. The Commissioner's erroneous finding of no dispute and consequent failure to hear and determine the disputes was a failure to perform a public legal duty under the Act. Mandamus should issue requiring the Commissioner to proceed with the matters.

Parties
Applicant: The King; Respondents: Blakeley and Others; Prosecutor / Applicant: The Association of Architects, Engineers, Surveyors and Draughtsmen of Australia
Jurisdiction
Australia
Judgment Date
31 October 1950
Procedural Posture
Application for Writ of Mandamus Under S. 75(v) of the Constitution / Decision on Return of Order Nisi
Outcome
Order nisi made absolute; writ of mandamus granted.
Legal Topics
Mandamus Against Officer of the Commonwealth, Industrial Dispute — Meaning and Existence, Jurisdiction of Conciliation Commissioner, Operation of S. 75(v) Constitution, Effect of S. 16 Commonwealth Conciliation and Arbitration Act, Conditions for Issue of Mandamus
Constitutional Law Industrial Law Administrative Law Mandamus Against Officer of the Commonwealth Industrial Dispute — Meaning and Existence Jurisdiction of Conciliation Commissioner Operation of S. 75(v) Constitution Effect of S. 16 Commonwealth Conciliation and Arbitration Act +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

The King

Applicant

Blakeley and Others

Respondents

The Association of Architects, Engineers, Surveyors and Draughtsmen of Australia

Prosecutor / Applicant

Procedural Posture

Application for Writ of Mandamus Under S. 75(v) of the Constitution / Decision on Return of Order Nisi

Legal Issues

  1. 1 1. Whether the Conciliation Commissioner had jurisdiction to decide conclusively the existence of an industrial dispute.
  2. 2 2. Whether, on the evidence, a real and genuine industrial dispute existed between the applicant organization and the named employers.
  3. 3 3. Whether a writ of mandamus should issue to require the Commissioner to hear and determine the alleged dispute.

Ratio Decidendi

A majority of the High Court held that the Conciliation Commissioner had no power to determine conclusively the existence or non-existence of an industrial dispute; that the existence of such a dispute in fact is a condition of jurisdiction subject to the Court’s independent determination. On the evidence, real and genuine disputes did exist between the applicant organization and the employers. The Commissioner's erroneous finding of no dispute and consequent failure to hear and determine the disputes was a failure to perform a public legal duty under the Act. Mandamus should issue requiring the Commissioner to proceed with the matters.

Court Disposition

Order nisi made absolute; writ of mandamus granted.

Orders

  • Mandamus to Commissioner to hear and determine the disputes; respondents other than Arthur Blakeley to pay costs of prosecutor.