QUEENSLAND POWER WORKERS ASSOCIATION & ORS. V. THE ELECTRICAL TRADES UNION OF AUSTRALIA

THE QUEENSLAND POWER WORKERS ASSOCIATION & ORS

THE ELECTRICAL TRADES UNION OF AUSTRALIA

JUDGMENT MASON J.

Oral: 11 June 1986

THE QUEENSLAND POWER WORKERS ASSOCIATION & ORS

THE ELECTRICAL TRADES UNION OF AUSTRALIA

This is an application for an order for a stay of + proceedings in the Australian Conciliation and Arbitration Commission ("the Commission") pending the hearing and determination of an application for writs of prohibition, certiorari and mandamus which I directed, pursuant to Ord. 55, r.2 of the High Court Rules, should be made by notice of motion to a Full Court of the High Court in the Brisbane

sittings commencing on 23 June 1986.

The proceedings in the Commission arise out of the service by The Electrical Trades Union of Australia ("the ETU") of a log of claims and its non-aeceptance by the South East Queensland Electricity Board ("SEQEB") and other employers in the electrical power industry. The ETU is an organization of employees registered under the Coneiliation

and Arbitration Act 1904 (Cth) ("the Act").

«

In essence the ETU seeks the making of a federal award governing the terms_and conditions of employment in the

electrical power industry by way of replacement of the State

award which has hitherto governed the industry in Queensland. SEQEB and other parties have sought an order dismissing the ETU's application for an award or, alternatively, an order that the Commission refrain from further hearing the application on the ground set down #i

s.41(1)(d)(ii) and (iii) of the Act.

The present applicants sought leave to intervene in that application and their application was refused by the Commission. The proceedings for prerogative relief to be heard by a Full Court relate to that application, the present applicants asserting that the Commission was bound to grant it, on the footing that its refusal amounted to a