Re The Building Workers' Industrial Union & Ors; Ex parte Metal Trades Industry Association & Anor; Re The Building Workers' Industrial Union & Ors; Ex parte Master Builders' Association of NSW

The High Court of Australia heard applications for writs of prohibition and certiorari brought by various employer associations, including the Metal Trades Industry Association of Australia and the Master Builders' Association of NSW. These applications sought to challenge decisions or actions taken by a number of industrial unions, including the Building Workers' Industrial Union of Australia and the Amalgamated Metal Workers Union, in relation to industrial disputes.

The central legal issue before the Court was whether the industrial unions had acted in excess of their powers or jurisdiction in their conduct concerning these disputes. Specifically, the applicants sought to prohibit or quash certain actions or determinations made by the unions, suggesting that these actions were unlawful or beyond the scope of their industrial authority.

The Court's reasoning, as indicated by the nature of the applications, would have focused on the statutory powers and limitations of registered industrial organisations under relevant Commonwealth legislation. This would involve an examination of the rules of the unions, the scope of their registered industrial coverage, and the nature of the disputes in which they were involved, to determine if their actions constituted a jurisdictional error or a breach of their legal obligations. The applications were for the lifting of a stay, suggesting that prior proceedings or decisions had been temporarily suspended.