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

adkafled ahi 7, 90/1 GY% TOO OSE LYS

A (S1Chn 44/

apfhuel 154 CrR 178

54 HIGH COURT" ¢

Wed 159 Ch Sar

[HIGH COURT OF AUSTRALIA.]

THE KING AGAINST

BLAKELEY AND OTHERS ;

Ex parre tHE ASSOCIATION OF ARCHITECTS,

[1950.

ENGINEERS, SURVEYORS AND DRAUGHTSMEN OF

AUSTRALIA.

HL. ©. ov A. Industrial Arbitration (Cth.)—Conciliation and arbitration—Industrial association— 1950. State branches of claimant association—Preparation of log—Sparsely attended Se meetings—Service of log—Restricted in one State at request of branch of that

Sypyey, State—Desire for State award—Bffect on existence of dispute—Quaere, whether

Aug. 16, 17. dispute "real and genuine" —Decision of Conciliation Commissioner—Man-

MELBOURNE,

of 1949), ss. 14-16, 34, 36-38, 40 (d).

McTieman,

damus—The Constitution (63 & 64 Vict. c. 12), ss. 51 (wxav.), 75 (v.)—Common- wealth Conciliation and Arbitration Act 1904-1949 (No. 13 of 1904—No. 28

A Conciliation Commissioner under the Commonwealth Conciliation and

~ Webb, Fullicar Arbitration Act 1904-1949 has no jurisdiction to decide finally and con- Cee g yA ._ dlusively whether an industrial dispute exists. ak BLR, S10 The exercise of the jurisdiction created by s. 75 (v.) of the Constitution is

not affected by s. 16 of the Commonwealth Conciliation and Arbitration Act

4 > 1904-1949, which provides that an order of a Conciliation Commissioner shall gh £.L.4, A&/ — not be subject to prohibition, mandamus or injunction in any court of any

" kind whatever.

Upon an application for a writ of mandamus under s. 75 (¥.) of the Constitution directed to a Conciliation Commissioner to hear and determine a dispute which he has decided did not exist, the High Court must determine for itself, independently of that decision, but giving it full weight*and careful

consideration, whether the dispute did or did not exist.