Federated Clothing Trades (Cth) Claimant; and Archer [1919] HCA 34

Federated Clothing Trades (Cth) Claimant; and Archer [1919] HCA 34

A majority of the High Court held that the claims (including labelling garments with actual manufacturer, union inspection rights, access to time-books and wages-books, posting notices in workplaces, regulation of outworker labour, and outworker wage rates) raised matters within the definition of 'industrial matters' under the Constitution s 51(xxxv) and the Commonwealth Conciliation and Arbitration Act 1904-1915 when they are claims the respondents have the capacity to grant, thus conferring jurisdiction on the Commonwealth Court of Conciliation and Arbitration over these disputes.

Parties
Claimant: The Federated Clothing Trades of the Commonwealth of Australia; Respondents: J.A. Archer and others
Jurisdiction
Australia
Judgment Date
20 June 1919
Procedural Posture
Case Stated (industrial Arbitration) / Full Court Review of Questions Reserved by a Justice Under the Commonwealth Conciliation and Arbitration Act 1904 1915
Outcome
Questions answered in the affirmative by majority; matters in dispute are industrial matters within the meaning of the Constitution and the Act.
Legal Topics
Industrial Dispute, Jurisdiction of Commonwealth Court of Conciliation and Arbitration, Industrial Matters Under the Constitution S 51(xxxv), Power to Make Industrial Awards, Definition and Scope of 'industrial Matters', Inspection and Compliance Rights for Unions, Labelling of Manufactured Goods, Outworker Regulation
Constitutional Law Industrial Law Labour Law Industrial Dispute Jurisdiction of Commonwealth Court of Conciliation and Arbitration Industrial Matters Under the Constitution S 51(xxxv) Power to Make Industrial Awards Definition and Scope of 'industrial Matters' +3 more

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Parties

The Federated Clothing Trades of the Commonwealth of Australia

Claimant

J.A. Archer and others

Respondents

Procedural Posture

Case Stated (industrial Arbitration) / Full Court Review of Questions Reserved by a Justice Under the Commonwealth Conciliation and Arbitration Act 1904 1915

Legal Issues

  1. 1 Whether the disputes raised in the plaint constitute 'industrial matters' under the Commonwealth Conciliation and Arbitration Act 1904-1915 and the Constitution s 51(xxxv)
  2. 2 Whether the Commonwealth Court of Conciliation and Arbitration has jurisdiction to determine the matters, specifically claims concerning labelling of garments, union inspection/access, and regulation of outworkers

Ratio Decidendi

A majority of the High Court held that the claims (including labelling garments with actual manufacturer, union inspection rights, access to time-books and wages-books, posting notices in workplaces, regulation of outworker labour, and outworker wage rates) raised matters within the definition of 'industrial matters' under the Constitution s 51(xxxv) and the Commonwealth Conciliation and Arbitration Act 1904-1915 when they are claims the respondents have the capacity to grant, thus conferring jurisdiction on the Commonwealth Court of Conciliation and Arbitration over these disputes.

Court Disposition

Questions answered in the affirmative by majority; matters in dispute are industrial matters within the meaning of the Constitution and the Act.

Orders

  • All claims raised in the plaint are industrial matters and within jurisdiction, except as limited by the dissent of Barton and Gavan Duffy JJ.