R v Holmes; Ex parte Victorian Employers' Federation [1980] HCA 37

High Court of Australia Gibbs, Stephen, Mason, Aickin and Wilson JJ, R v Holmes; Ex parte Victorian Employers' Federation [1980] HCA 37

Cur. adv. vult.

The following written judgments were delivered:—

Sept. 12 Gibbs J.

I would make absolute the order nisi for mandamus, for the reasons prepared by my brother Mason, which I have had the advantage of reading and with which I agree.

Stephen J.

I agree with the reasons for judgment prepared by Mason J. and would accordingly make an order for mandamus.

Mason J.

This is an application by the prosecutor, The Victorian Employers Federation ("the Federation"), to make absolute an order nisi for mandamus made by Aickin J. on 17th March 1980. The Federation seeks a mandamus requiring John Bede Holmes, a Commissioner under the Conciliation and Arbitration Act 1904 as amended, ("the Act"), to hear and determine according to law a question arising in matter C No. 2006 of 1979 in the Australian Conciliation and Arbitration Commission in which the Federation sought a finding that there was an industrial dispute extending beyond the limits of one State between itself and The Federated Engine Drivers' and Firemen's Association of Australasia ("the Association"), an organization of employees registered under the Act, arising out of the non-acceptance of a log of claims served by the Federation on the Association. The question was whether the making of the demands by the Federation on the Association and the failure of the Association to accede to the demands in the circumstances shortly to be set out gave rise to an industrial dispute.

The log of claims served on the Association by the Federation was accompanied by a letter dated 12th December 1979 from the Federation to the Association. The first paragraph of the letter was in these terms: