Amalgamated Clothing and Allied Trades Union of Australia v D E Arnall and Sons Re American Dry Cleaning Company [1929] HCA 35

Amalgamated Clothing and Allied Trades Union of Australia v D E Arnall and Sons Re American Dry Cleaning Company [1929] HCA 35

The clause in the Arbitration Court's award is not binding on the American Dry Cleaning Company, so far as it purports to bind the company with respect to persons employed by it who were not parties to the industrial disputes nor members of nor represented by the organization making the claim. The Court relies on its prior reasoning in Amalgamated Engineering Union v. Alderdice Pty. Ltd.; In re Metropolitan Gas Co., confirming that the Act does not empower such broad application of awards.

Parties
Claimant Union: The Amalgamated Clothing and Allied Trades Union of Australia; Respondents: D. E. Arnall and Sons and Others; Applicant Company: American Dry Cleaning Company
Jurisdiction
Australia
Judgment Date
07 November 1929
Procedural Posture
Industrial Arbitration Dispute / Summons Under Sec. 214 a of the Commonwealth Conciliation and Arbitration Act 1904 1928; Argued Before the Full Court
Outcome
Questions answered in favour of the applicant company; award not binding on the company in respect of employees not members or represented by the union.
Legal Topics
Binding Nature of Industrial Awards, Jurisdiction of Arbitration Court, Representation in Industrial Disputes, Validity of Arbitration Awards
Industrial Law Employment Law Arbitration Law Binding Nature of Industrial Awards Jurisdiction of Arbitration Court Representation in Industrial Disputes Validity of Arbitration Awards

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 2 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Amalgamated Clothing and Allied Trades Union of Australia

Claimant Union

D. E. Arnall and Sons and Others

Respondents

American Dry Cleaning Company

Applicant Company

Procedural Posture

Industrial Arbitration Dispute / Summons Under Sec. 214 a of the Commonwealth Conciliation and Arbitration Act 1904 1928; Argued Before the Full Court

Legal Issues

  1. 1 Whether the Arbitration Court award is binding on employers not employing union members
  2. 2 Whether an award can bind all employees, not just unionists, under the Arbitration Act
  3. 3 Meaning of 'represented' in the context of industrial disputes under the Act

Ratio Decidendi

The clause in the Arbitration Court's award is not binding on the American Dry Cleaning Company, so far as it purports to bind the company with respect to persons employed by it who were not parties to the industrial disputes nor members of nor represented by the organization making the claim. The Court relies on its prior reasoning in Amalgamated Engineering Union v. Alderdice Pty. Ltd.; In re Metropolitan Gas Co., confirming that the Act does not empower such broad application of awards.

Court Disposition

Questions answered in favour of the applicant company; award not binding on the company in respect of employees not members or represented by the union.

Orders

  • Questions 1, 2, 3, and 4: Clause in the award is not binding on the American Dry Cleaning Company, so far as it purports to bind the company in respect of persons employed by it who were not parties to the industrial disputes in which the award was made nor members of nor represented by the organization making the...