High Court of Australia
I9 95-085
IN_THE MATTER OF AN APPLICATION FOR A WRIT OF
PROHIBITION AND A WRIT OF CERTIORARI AGAINST
COMMISSIONER McKENZIE (A COMMISSIONER OF THE
AUSTRALIAN CONCILIATION AND ARBITRATION COMMISSION),
THE AUSTRALIAN WORKERS UNION AND NATIONWIDE FIELD
CATERING PTY. LTD.
EX PARTE THE@FEDERATED LIQUOR AND ALLIED INDUSTRIES
EMPLOYEES UNION AND THE FEDERATED LIQUOR AND ALLIED
INDUSTRIES EMPLOYEES UNION (WESTERN AUSTRALIAN
BRANCH) OF WORKERS
JUDGMENT DAWSON J. (Oral) 30/10/1985
IN_THE MATTER OF AN APPLICATION FOR A WRIT OF PROHIBITION AND A WRIT OF CERTIORARI AGAINST COMMISSIONER McKENZIE (A COMMISSIONER OF THE AUSTRALIAN CONCILIATION AND ARBITRATION COMMISSION), THE AUSTRALIAN WORKERS UNION AND NATIONWIDE FIELD CATERING PTY. LTD.
EX PARTE THE FEDERATED LIQUOR AND ALLIED INDUSTRIES EMPLOYEES UNION AND THE FEDERATED LIQUOR AND ALLIED INDUSTRIFS EMPLOYEES UNION (WESTERN AUSTRALIAN BRANCH) OF WORKERS
On 25 October 1985 I granted an order nisi directed to the respondents to show cause why further proceedings in the Conciliation and Arbitration Commission in Matter C,No. 4190 of 1985 should not be prohibited. That matter is before Commissioner McKenzie, who made a finding on 11 September 1985 that an industrial dispute exists between the second-named respondent, the Australian Workers Union ("the AWU") and the third-named respondent, Nationwide Field Catering Pty Ltd ("Nationwide"). At the same time as I] granted an order nisi for a writ of prohibition, I granted an order nisi for a writ of certiorari to show cause why the Commissioner's finding should not be quashed. I declined to grant ex parte a stay of the proceedings before Commissioner McKenzie and the prosecutors now make this application for a stay upon summons, The application is opposed by the AWU
and Nationwide.
The dispute found by Commissioner McKenzie arises from a
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