Re The Building Workers' Industrial Union of Australia & Ors; Ex parte The Federated Ironworkers' Association of Australia

The applicants, the Federated Ironworkers' Association of Australia and other objectors, sought writs of prohibition against the President Michael Francis Moore, the Australian Industrial Relations Commission, the Building Workers' Industrial Union of Australia (BWIU), and the Federated Firemen's Association of Australia (FEDFA). The dispute concerned applications made by the BWIU and FEDFA for alterations to their rules relating to conditions of eligibility for membership. The applicants contended that these applications were either not extant or had been processed entirely under the repealed Conciliation and Arbitration Act 1904, and therefore the Commission lacked jurisdiction under the new Industrial Relations Act 1988.

The primary legal issue before the High Court was whether the Australian Industrial Relations Commission had jurisdiction to hear and determine the applications for alterations to the rules of the BWIU and FEDFA. This involved determining the status of these applications at the commencement of the Industrial Relations Act 1988 and whether they were validly processed under the relevant provisions of either the Conciliation and Arbitration Act 1904 or the Industrial Relations Act 1988, particularly concerning section 139 of the former and the requirements for consent by the Registrar.

The applicants argued that the BWIU matter was fully processed under the Conciliation and Arbitration Act 1904, while the FEDFA application was extant at the commencement of the Industrial Relations Act 1988 and continued to be processed thereafter. They contended that the Commission's jurisdiction was contingent on the proper application of the statutory requirements for rule alterations, including the Registrar's satisfaction regarding the making of such alterations. The court was required to examine the transition provisions between the two Acts and the specific requirements for rule changes concerning eligibility for membership.