R v Kirby; Ex parte Transport Workers' Union of Australia

For the reasons given we are of the opinion that prohibition should issue restraining the enforcement of the agreement either in its original form or as the order complained of purported to vary it. During the course of argument the suggestion was made that the Court might not feel free to take this course in proceedings to which the conciliation commissioner who purported to certify the agreement is not a party. We think that any such objection in the present case is disposed of by the observations of Starke J. in Waterside Workers' Federation of Australia v Gilchrist, Watt & Sanderson Ltd. [1] concerning the basis upon which prohibition issues in respect of awards of the arbitration court.