Re Griffin & Ors; Ex parte Professional Radio and Electronics Institute of Australasia

The applicants, the Professional Radio and Electronics Institute of Australasia, sought writs of prohibition and certiorari against Pauline Marcus, a Commissioner of the Australian Conciliation and Arbitration Commission, and the Minister for Transport and Communications. The dispute concerned a decision made by Commissioner Griffin regarding an application to increase award rates for employees of Overseas Telecommunications. The applicants contended that the Commissioner's decision denied them natural justice.

The primary legal issue before the High Court was whether the Commissioner's decision was subject to an appeal within the Australian Conciliation and Arbitration Commission, or if the High Court possessed exclusive jurisdiction to review it. Specifically, the applicants argued that the decision did not fall within the appeal provisions of section 35 of the relevant Act, as it was not an "award made by a member otherwise than under section 28" nor a decision "not to make an award."

The Court considered the definition of "award" and "order" under the Act, and the requirements for an award or decision to be formally made under section 40(4). The applicants submitted that the Commissioner's decision, which was made by consent regarding an increase in award rates with a dispute only as to the operative date, did not constitute an "award" in the statutory sense. This distinction was crucial for determining whether the internal appeal mechanism of the Commission was available, or if the High Court's supervisory jurisdiction was invoked.