Waterside Workers' Federation of Australia v Commonwealth Steamship Owners' Association [1916] HCA 49

It is not a breach of an award for members of an employee organization to refuse to accept employment when the award prescribes minimum wages but does not require acceptance of employment.

Parties: Complainants: Waterside Workers' Federation of Australia; Respondents: Commonwealth Steamship Owners' Association and others
Jurisdiction: Australia
Judgment Date: 08 September 1916
Procedural Posture: Industrial Arbitration Case Stated / High Court Opinion on Case Stated From Commonwealth Court of Conciliation and Arbitration
Outcome: Question answered in the negative.
Legal Topics: Award Conditions, Minimum Wages, Obligation to Accept Employment

Industrial Law Arbitration Law Award Conditions Minimum Wages Obligation to Accept Employment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Waterside Workers' Federation of Australia

Complainants

Commonwealth Steamship Owners' Association and others

Respondents

Procedural Posture

Industrial Arbitration Case Stated / High Court Opinion on Case Stated From Commonwealth Court of Conciliation and Arbitration

Legal Issues

1 Whether refusal by members of the Federation to accept employment constituted a breach of an industrial award when the award set only minimum wages but imposed no obligation to accept employment

Ratio Decidendi

It is not a breach of an award for members of an employee organization to refuse to accept employment when the award prescribes minimum wages but does not require acceptance of employment.

Court Disposition

Question answered in the negative.

Orders

Question referred to High Court answered: members of the Federation were not guilty of a breach of the award.