Re Construction Forestry Mining Energy Union; Ex parte W.J. Deane & Sons Pty Ltd

W.J. Deane & Sons Pty Ltd and other companies sought writs of prohibition, mandamus, and certiorari against members of the Australian Industrial Relations Commission and the Commission itself. The applicants challenged decisions made by the Commission concerning industrial relations matters.

The High Court was required to determine the appropriate respondents to the applications for the writs, the nature of the acts sought to be prohibited or revoked, and whether the Commission had acted in excess of its jurisdiction. Specifically, the court considered whether the Commission's actions were ministerial or judicial, and the grounds upon which certiorari could be granted.

The court indicated that the applications for prohibition and certiorari should be directed to Commissioner Grimshaw, rather than the Full Bench members or the Commission itself. It was noted that a writ of mandamus could only issue for a purely ministerial act, and the Commission's actions appeared to be judicial in nature, falling within its general jurisdiction. Regarding certiorari, the court suggested that while it lies for an excess of jurisdiction, the applicants needed to demonstrate grounds for such an excess, as the Commission had jurisdiction to determine its own jurisdiction, even if its decision was subsequently found to be erroneous.

The court indicated a preparedness to grant an order nisi if the draft order was redrafted to reflect the discussion, with a preference for a longer period for the second respondents to file and serve their response.