Pitfield v Franki [1970] HCA 37

High Court of Australia Barwick C.J. McTiernan, Menzies, Owen and Walsh JJ. Pitfield v Franki [1970] HCA 37

ORDER Order that a writ of certiorari to quash the registration of The United Firefighters' Union as an organization of employees under the provisions of and for the purposes of the Commonwealth Conciliation and Arbitration Act 1904-1969 issue. Respondent Union to pay the costs of the prosecutors.

Cur. adv. vult.

The following written judgments were delivered:—

Oct. 9 Barwick C.J.

This is a motion upon notice for a writ of prohibition to restrain the respondents from further proceeding on the registration under the Conciliation and Arbitration Act 1904-1969 Cth (the Act) of The United Firefighters' Union (the Union) as an organization of employees and the confirmation by the Conciliation and Arbitration Commission (the Commission) of the decision of the Deputy Industrial Registrar so to register the Union or alternatively for a writ of certiorari to remove the decision of the Deputy Industrial Registrar and that of the Commission into this Court for the purpose of each being quashed. The ground of the application is a lack of authority to register the Union as an organization of employees under the Act for the reason that the Union was not at any material time "an association of not less than 100 employees in or in connexion with any industry" or "engaged in any industrial pursuit" within the meaning of s. 132 of the Act. The prosecutors are the Chief Officer of the Country Fire Authority, a body constituted under the Country Fire Authority Act 1958 of the State of Victoria; the Country Fire Authority of Victoria; the Metropolitan Fire Brigades Board, Melbourne; the Metropolitan Fire Brigades Board, Brisbane; the Launceston Fire Brigade Board; the Hobart Fire Brigades Board; the Fire Brigades Board, Adelaide; the Board of Fire Commissioners of New South Wales and the Western Australian Fire Brigades Board to all of whom I shall refer as the fire fighting authorities.