Re Holmes; Ex p Manchester Unity Independent Order of Oddfellows (Vic) [1980] HCA 46

High Court of Australia Stephen, Mason, Murphy, Aickin and Wilson JJ. Re Holmes; Ex p Manchester Unity Independent Order of Oddfellows (Vic) [1980] HCA 46

ORDER Application for a writ of prohibition refused.

Cur. adv. vult.

The following written judgments were delivered:—

Dec. 2 Stephen J.

I have had the advantage of reading the reasons for judgment of Mason J., with which I am in agreement. I would accordingly dismiss this application.

Mason J.

This is an application for an order nisi for prohibition which has been referred by Aickin J. to a Full Bench. The applicant is a friendly society. It seeks a writ of prohibition directed to Commissioner Holmes of the Conciliation and Arbitration Commission and The Federated Clerks Union of Australia ("the Clerks Union"), restraining them from proceeding further on a finding of an industrial dispute arising out of the non-acceptance by a number of parties on whom a log of claims was served by the Clerks Union. Among the respondents who did not accept the log of claims were twenty-nine friendly societies, including the applicant. The log of claims related to the terms and conditions of employment of clerks employed by the respondents in health fund activities. The log of claims sought the making of an award described as the Clerical Officers' (Health Funds Industry) Award, 1975.

In February 1975 the Clerks Union served the log of claims. On 11 April 1975 Commissioner Paine found that there was an industrial dispute. On 28 May 1975 The Australian Insurance Employees' Union ("the Insurance Union") served a log of claims on a number of employers, seeking an award entitled Insurance Officers (Clerical Indoor Staffs) Award, 1975. The respondents to the log comprised employers a number of whom carried out similar functions to those served by the Clerks Union. The log was not accepted by the employers and on 28 August 1975 Commissioner Paine made a finding that an industrial dispute also existed in this matter.