Re The Construction, Forestry, Mining and Energy Union; Ex parte The Colliery Officials' Association of New South Wales

The High Court of Australia heard an application for writs of prohibition and certiorari. The prosecutor, the Colliery Officials' Association of New South Wales, sought these writs against David Anthony Duncan, who constituted the Coal Industry Tribunal, and the Construction, Forestry, Mining and Energy Union and Australian Iron and Steel Pty Ltd as respondents.

The central legal issue before the Court was whether the Coal Industry Tribunal had jurisdiction to make certain orders. The prosecutor contended that the Tribunal lacked jurisdiction, and the application sought to quash decisions made by the Tribunal on that basis. The Court was also required to consider the effect of an order nisi previously granted by Justice Gaudron, which had not operated as a stay of proceedings.

The Court was informed that the first respondent, Mr. Duncan, wished to submit to the order of the Court. The prosecutor argued that the Tribunal's decisions were "totally compelling" and that the Court had exclusive jurisdiction in this matter, as specifically excluded from the jurisdiction of the Federal Court. The prosecutor also sought clarification on the wording of the order nisi, specifically regarding its operative effect.