R v Kelly; Ex parte Australian Railways Union

For the reasons given I am of the opinion that the order nisi should be discharged.

The questions raised in these applications are in all respects similar to the questions raised for consideration in the previous case, but the facts disclose that at no time in any of these matters was any application made to the Arbitration Court by any party for a variation of an existing award. For the reasons already given, however, this is not a material circumstance; the Arbitration Court was entitled of its own motion to make the orders complained of and the orders nisi should therefore be discharged.