R v Portus; Ex parte Federated Clerks Union of Australia [1949] HCA 53

R v Portus; Ex parte Federated Clerks Union of Australia [1949] HCA 53

The Conciliation Commissioner had jurisdiction because the dispute between the Federation and Qantas existed in both New South Wales and Queensland, and the small number of affected employees in Queensland did not prevent it from being an industrial dispute extending beyond one State. Qantas employees at an annual salary rate in connection with air transport were eligible for Federation membership because Qantas was wholly owned and effectively controlled by the Commonwealth, so for the purposes of the Federation's rules it employed persons on behalf of the Government of the Commonwealth, although it remained a separate company and not a Crown agent in the strict legal sense.

Jurisdiction
Australia
Procedural Posture
Application for Writ of Prohibition / Order Nisi
Outcome
Order nisi discharged with costs.
Legal Topics
['commonwealth Conciliation and Arbitration Jurisdiction' 'industrial Dispute Extending Beyond the Limits of One State' 'eligibility for Membership of Registered Organization' 'preference in Employment' 'writ of Prohibition']
['industrial Law' 'administrative Law' 'constitutional Law'] ['commonwealth Conciliation and Arbitration Jurisdiction' 'industrial Dispute Extending Beyond the Limits of One State' 'eligibility for Membership of Registered Organization' 'preference in Employment' 'writ of Prohibition']

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Procedural Posture

Application for Writ of Prohibition / Order Nisi

Legal Issues

  1. 1 ["Whether there was an industrial dispute extending beyond the limits of one State between the Australasian Transport Officers' Federation and Qantas Empire Airways Limited." 'Whether the small number of Federation members employed by Qantas in Queensland prevented the dispute from being a real inter-State dispute.' "Whether Qantas employees were eligible for membership of the Australasian Transport Officers' Federation as persons employed at a salary rate in connection with air transport who were salaried officers of the Crown." "Whether Qantas employed persons at an annual salary rate on behalf of the Government of the Commonwealth within the meaning of the Federation's rules."]

Ratio Decidendi

The Conciliation Commissioner had jurisdiction because the dispute between the Federation and Qantas existed in both New South Wales and Queensland, and the small number of affected employees in Queensland did not prevent it from being an industrial dispute extending beyond one State. Qantas employees at an annual salary rate in connection with air transport were eligible for Federation membership because Qantas was wholly owned and effectively controlled by the Commonwealth, so for the purposes of the Federation's rules it employed persons on behalf of the Government of the Commonwealth, although it remained a separate company and not a Crown agent in the strict legal sense.

Court Disposition

Order nisi discharged with costs.

Orders

  • ['Order nisi discharged with costs.']