North West County Council v Dunn [1971] HCA 34

High Court of Australia Barwick C.J. Menzies, Owen, Walsh and Gibbs JJ. North West County Council v Dunn [1971] HCA 34

ORDER Appeal allowed. Order of the Supreme Court of New South Wales (Court of Appeal Division) set aside and in lieu thereof order that the rule nisi for prohibition granted on 9th September 1970 be made absolute. Respondent union to pay the costs of the appellant of this appeal and of proceedings in the Supreme Court.

Cur. adv. vult.

The following written judgments were delivered:—

Aug. 9 Barwick C.J.

North West County Council (the appellant) sought of the Supreme Court of New South Wales a writ of prohibition to restrain the chairman and members of the County Council Electricity Undertakings Employees' Conciliation Committee (the respondent committee) from further proceeding with "the application of the respondent Electrical Trades Union of Australia, New South Wales Branch for the reinstatement of the respondent Lyall James Munro". That union is now a respondent in this appeal (the respondent union) as is the respondent Lyall James Munro (the respondent employee). The Supreme Court (Court of Appeal Division) refused a rule absolute for prohibition. In so doing it followed and applied its own earlier decision in Ex parte North West County Council; Re Manuel [1] .

1. (1968) 70 S.R. (N.S.W.) 378; 88 W.N. (Pt 2) 279; 16 L.G.R.A. 306.

It has been assumed throughout the proceedings that the respondent committee deriving its powers from the Industrial Arbitration Act, 1940-1969 N.S.W. ("the Arbitration Act ") and an award known as The County Council Electricity Undertakings Conditions of Employment Award ("the Award") generally had power to order the reinstatement of employees who have been dismissed by a local government authority bound by the Award by which they have been employed. It has also been assumed that the proceedings which had commenced before the committee originating in the notification of the possibility of an industrial dispute at the North West County Council were an appropriate means of applying to the respondent committee for the exercise of its power to order the reinstatement of an employee. I do not propose to examine the validity of these assumptions though I should not be thought to be calling in question the power of an appropriate tribunal under the Arbitration Act to order the reinstatement of an employee in private employment.