R v Gough; Ex parte Key Meats Pty Ltd [1982] HCA 12

High Court of Australia Gibbs C.J. Stephen, Murphy, Wilson and Brennan JJ. R v Gough; Ex parte Key Meats Pty Ltd [1982] HCA 12

ORDER Order nisi for writ of prohibition made absolute.

Cur. adv. vult.

The following written judgments were delivered: —

1982, April 6 Gibbs C.J.

This is an application to make absolute an order nisi for a writ of prohibition directed to a Commissioner of the Australian Conciliation and Arbitration Commission and to the Australasian Meat Industry Employees' Union ("the union") prohibiting the said Commissioner from proceeding to direct any person or to summons any person to attend at a conference pursuant to s. 27 of the Conciliation and Arbitration Act 1904 Cth as amended, for the purpose of assisting the Commission to determine whether sub-cl. 6 (b) of Pt I of the Federal Meat Industry Interim Award 1965 ("the award") is ambiguous or uncertain in terms of s. 59 (2) of the Act. The prosecutor, Key Meats Pty. Ltd., employs in an abattoir at Ararat in the State of Victoria persons who work under the award.

The proceedings which have given rise to the present application began as a result of a letter dated 3 June 1981 to the Deputy Registrar of the Commission from Mr. McPike, the Assistant Secretary of the union. The letter read as follows:

The above Union desires to notify you of a dispute between the Union and Key Meats Pty. Ltd. of Ararat Abattoirs, Ararat.

This dispute arose over the company standing down employees on 14-4-81 and 24-4-81 without payment, which we claim is contrary to the Award provisions.

The parties are respondent to "The Federal Meat Industry Interim Award 1965 as varied".

As this matter cannot be resolved between the parties, the Union is seeking the assistance of your office to determine this problem.