Re Australian Education Union; Ex parte Victoria

The High Court of Australia considered an application for a writ of prohibition by the State of Victoria against the Australian Education Union and its federal secretary. The dispute concerned the validity of a federal council resolution passed by the Australian Education Union, which purported to endorse a national campaign of industrial action by its members. Victoria sought to prohibit the federal council from taking any further steps in relation to this resolution, arguing that the resolution was invalid and that the federal council had acted beyond its powers.

The central legal issue before the High Court was whether the federal council of the Australian Education Union had the constitutional authority to pass a resolution endorsing a national campaign of industrial action. This involved an examination of the Union's federal constitution and rules, and the extent to which they permitted the federal council to direct or endorse industrial action across multiple states. The Court also had to consider whether the resolution, if beyond the powers of the federal council, was a matter that could be challenged by way of prohibition.

The High Court, by majority, held that the federal council's resolution was invalid. The majority reasoned that the Union's federal constitution did not grant the federal council the power to direct or endorse a national campaign of industrial action that would involve members in different states. Such a power, it was found, was not conferred by the rules and would usurp the role of state branches in managing industrial disputes within their respective jurisdictions. The principle applied was that the powers of a federal body within an organisation are limited by its constitution and rules, and any action taken beyond those conferred powers is ultra vires.

The application for a writ of prohibition was accordingly granted.