Re Australian Conciliation & Arbitration Commission & Anor Ex Parte Graham & Ors [1977] FCA 96

IN THE MATTER OF AN APPLICATION FOR A WRIT OF PROHIBITION AGAINST THE PRESIDENT AND

MEMBERS OF THE AUSTRALIAN CONCILIATION AND

ARBITRATION COMMISSION, THE AUSTRALIAN WORKERS! UNION & ORS.: EX PARTE GRAHAM & ORS.

ORDER

Order nisi discharged.

JUDGMENT

IN THE MATTER OF AN APPLICATION FOR A

WRIT OF PROHIBITION AGAINST THE PRESIDENT

AND MEMBERS OF THE AUSTRALIAN CONCILIATION

AND ARBITRATION COMMISSION, THE AUSTRALIAN

WORKERS' UNION AND OTHERS; EX PARTE

GRAHAM AND OTHERS

BARWICK C.J.

IN THE MATTER OF AN APPLICATION FOR A

WRIT OF PROHIBITION AGAINST THE PRESIDENT

AND MEMBERS OF THE AUSTRALIAN CONCILIATION AND ARBITRATION COMMISSION, THE AUSTRALIAN

WORKERS! UNION AND OTHERS; EX PARTE

GRAHAM AND OTHERS

My consideration of the course of events in connection with the disputes C No. 1723 of 1976 and C No. 3489 of 1976 has led me to the same conclusions as those reached by my brother Gibbs and expressed by him in reasons for judgment which I have now had'the advantage of reading. I am content to say that I agree with both the conclusions and reasons there expressed and feel no need to supplement or qualify them. In my opinion, the order nisi should be

discharged.

IN THE MATTER OF AN APPLICATION FOR A WRIT OF

PROHISiT2OH AGATHST THE PRESIDENT AND ibaBERS

OF VHe AUSTRALIAN CONCILIATION snd ARBITFATION COMUILSSION, Unt AUSTRALIAN wORKERS' UiTON AND

OTHERS; EX PARY5 GRAHAM AND OTHERS

JUDGHENT GIBBS J.

IN THE MATTER OF AN APPLICATION FOR A WRIT OF

COMMISSION, THE AUSTRALIAN WORKERS? UNTON AND

OTHERS; EX PARTE GRAHAM AND OTHERS

This is the return of an order nisi to prohibit . further proceedings in two matters in the Australian Conciliation and Arbitration Commission ("the Commission"), identified respec- tively as C No. 1723 of 1976 and C No. 3489 of 1976.

Three of the respondents, Australian Lubricating Oil Refinery Pty. Limited, Australian Oil Refining Pty. Limited and Total Refineries Australia Limited, are companies which con- duct o11 refineries in New South Wales. When the proceedings in the Commission commenced, most of the persons employed as operator: in those oil refineries were members of the Australian Workers!