Newcastle Coal Company Ltd v Firemen's Union (Industrial Union of Employes)

Newcastle Coal Company Ltd (the applicant) sought a writ of prohibition against the Firemen's Union (the respondent) to prevent the respondent from proceeding with a dispute before a Wages Board. The dispute concerned the employment of certain members of the union.

The central legal issue before the court was whether the Wages Board had the jurisdiction to hear and determine the dispute, particularly in light of the provisions of the Industrial Disputes Act 1908 (NSW). The applicant contended that the dispute was not of a character that fell within the purview of the Wages Board as established under the Act.

The court considered the scope of the Industrial Disputes Act 1908 and the powers conferred upon Wages Boards. It was held that the Wages Board's jurisdiction was limited to disputes of a specific nature, and the dispute brought before it by the Firemen's Union did not meet these criteria. Consequently, the Wages Board lacked the authority to proceed.

The court made absolute the rule nisi for prohibition, ordering that the Wages Board be restrained from further proceeding with the dispute.