R v Moore; ex parte Federated Miscellaneous Workers' Union of Australia

The High Court of Australia considered an application for a writ of prohibition brought by the Federated Miscellaneous Workers' Union of Australia (the Union) against R, a judge of the Commonwealth Industrial Court, and the Commonwealth Industrial Court itself. The dispute concerned the validity of an award made by the Commonwealth Conciliation and Arbitration Commission (the Commission) in relation to certain employees of the Commonwealth Scientific and Industrial Research Organisation (CSIRO). The Union sought to prohibit the Industrial Court from proceeding with a prosecution for an alleged breach of this award.

The central legal issue before the High Court was whether the Commission had the constitutional power to make an award binding on the CSIRO in respect of its employees. Specifically, the Court had to determine if the employment of these individuals fell within the scope of the Commonwealth's legislative power under section 51(xxxv) of the Constitution, which pertains to conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State.

The High Court held that the Commission did not have the constitutional power to make the award in question. The Court reasoned that the employment relationship between the CSIRO and its employees did not constitute an industrial dispute extending beyond the limits of any one State, as required by section 51(xxxv). The Court distinguished between the Commonwealth's power to employ persons and its power to regulate industrial relations through conciliation and arbitration. The employment of CSIRO staff was found to be a direct exercise of the Commonwealth's executive power, not an industrial dispute capable of being settled by the arbitration of an interstate dispute.

Consequently, the award was invalid, and the prosecution for its breach could not proceed. The High Court made absolute the order nisi for a writ of prohibition.