Australian Agricultural Company v Federated Engine-Drivers and Firemen's Association of Australasia [1913] HCA 41

Australian Agricultural Company v Federated Engine-Drivers and Firemen's Association of Australasia [1913] HCA 41

An agreement made between an employer and a registered organization of employees, intended to be operative only as an industrial agreement under the Commonwealth Conciliation and Arbitration Act 1904-1911 or as a certified agreement under section 24 and incapable of being so, has no force at common law and is not enforceable by injunction; further, any term purporting to prevent recourse to the Arbitration Court is contrary to public policy and void.

Parties
Plaintiffs: Australian Agricultural Company and others; Defendants: Federated Engine-Drivers and Firemen's Association of Australasia
Jurisdiction
Australia
Judgment Date
05 September 1913
Procedural Posture
Application for Interlocutory Injunction (high Court of Australia) / Decision on Motion for Interlocutory Injunction
Outcome
Motion dismissed with costs.
Legal Topics
Conciliation and Arbitration, Jurisdiction of Arbitration Court, Validity of Agreements, Public Policy, Overruling Precedent
Industrial Law Employment Law Contract Law Constitutional Law Conciliation and Arbitration Jurisdiction of Arbitration Court Validity of Agreements Public Policy +1 more

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Parties

Australian Agricultural Company and others

Plaintiffs

Federated Engine-Drivers and Firemen's Association of Australasia

Defendants

Procedural Posture

Application for Interlocutory Injunction (high Court of Australia) / Decision on Motion for Interlocutory Injunction

Legal Issues

  1. 1 Whether an agreement intended to operate as an industrial agreement under the Commonwealth Conciliation and Arbitration Act 1904-1911 but incapable of being registered or certified under the Act is enforceable at common law.
  2. 2 Whether a covenant not to take proceedings in the Commonwealth Court of Conciliation and Arbitration is valid and enforceable, or void as against public policy.
  3. 3 Whether the High Court should overrule its own prior decision in J. C. Williamson Ltd. v. Musicians' Union of Australia.

Ratio Decidendi

An agreement made between an employer and a registered organization of employees, intended to be operative only as an industrial agreement under the Commonwealth Conciliation and Arbitration Act 1904-1911 or as a certified agreement under section 24 and incapable of being so, has no force at common law and is not enforceable by injunction; further, any term purporting to prevent recourse to the Arbitration Court is contrary to public policy and void.

Court Disposition

Motion dismissed with costs.

Orders

  • Application for interlocutory injunction dismissed with costs.