Re The Hon Mr Justice Moore & Ors; Ex parte Pillar

The applicants, The Building Workers' Industrial Union of Australia and The Australian Timber and Allied Industries Union, sought writs of prohibition and certiorari against the Honourable Mr Justice Michael Francis Moore, a Deputy President of the Australian Industrial Relations Commission. The proceedings concerned the interpretation of section 52 of the Conciliation and Arbitration Act 1904 (Cth) and its application to criminal offences. Deputy President Moore indicated he would abide by any order of the Court.

The central legal issue before the High Court was the construction of section 52 of the Conciliation and Arbitration Act 1904. Specifically, the Court was required to determine whether the ordinary and natural meaning of the words used in section 52 encompassed criminal proceedings or proceedings for an offence under that Act. The applicants argued that the provision did not extend to criminal matters, contrasting it with other sections of the Act that dealt with penalties for breaches of awards or internal organisational rules, for which State courts were expressly conferred jurisdiction.

The applicants contended that the ordinary meaning of the words in section 52 did not include criminal offences. They further argued that the word "penalty" as used in the Act had multiple senses, including those imposed for criminal offences, breaches of awards, and by organisations on their members. While the Act expressly conferred jurisdiction on State courts for the latter two categories, the applicants sought to demonstrate through legislative history that section 52 was not rendered otiose by not referring to criminal proceedings, thereby confirming their interpretation of its natural meaning.