Federated Engine-Drivers' and Firemen's Association of Australasia Claimant; and Adelaide Chemical and Fertilizer Company Limited [1920] HCA 18

Federated Engine-Drivers' and Firemen's Association of Australasia Claimant; and Adelaide Chemical and Fertilizer Company Limited [1920] HCA 18

Where the Commonwealth Court of Conciliation and Arbitration assumes cognizance of an interstate industrial dispute, its jurisdiction endures through partial settlements, enabling it to determine the unresolved part even if limited to one State; it may provide by award for matters prior to the award date where those matters were in issue, and may lawfully fix minimum wages lower than a State Wages Board if such award is not inconsistent in law.

Parties
Claimant: Federated Engine-Drivers' and Firemen's Association of Australasia; Respondents: Adelaide Chemical and Fertilizer Company Limited and Others; Intervener: The Commonwealth (intervening)
Jurisdiction
Australia
Judgment Date
25 March 1920
Procedural Posture
Case Stated / Judgment on Stated Questions of Law
Outcome
Questions answered; majority and partial dissent by Powers J.
Legal Topics
Industrial Arbitration, Jurisdiction of Commonwealth Court, Retrospective Awards, Minimum Wage Determination, State Vs Commonwealth Law Inconsistency
Industrial Law Constitutional Law Industrial Arbitration Jurisdiction of Commonwealth Court Retrospective Awards Minimum Wage Determination State Vs Commonwealth Law Inconsistency

Case Brief

Summary, issues, holding and outcome

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Parties

Federated Engine-Drivers' and Firemen's Association of Australasia

Claimant

Adelaide Chemical and Fertilizer Company Limited and Others

Respondents

The Commonwealth (intervening)

Intervener

Procedural Posture

Case Stated / Judgment on Stated Questions of Law

Legal Issues

  1. 1 Whether the Commonwealth Court of Conciliation and Arbitration retains jurisdiction to make an award affecting only employers in one State after settlement in other States
  2. 2 Whether the Court can make an award for payment for work done prior to the date of the award, where no prior relevant award existed
  3. 3 Whether the Court can make such payment retrospective from the date of refusal, cognizance, or decision of existence of dispute

Ratio Decidendi

Where the Commonwealth Court of Conciliation and Arbitration assumes cognizance of an interstate industrial dispute, its jurisdiction endures through partial settlements, enabling it to determine the unresolved part even if limited to one State; it may provide by award for matters prior to the award date where those matters were in issue, and may lawfully fix minimum wages lower than a State Wages Board if such award is not inconsistent in law.

Court Disposition

Questions answered; majority and partial dissent by Powers J.

Orders

  • (1) Yes, the Commonwealth Court can make an award binding in one State after settlement elsewhere.
  • (2) Yes (by majority), the Court can award payment for work done prior to the award date where no prior award exists.