Australian Timber Workers' Union Claimant; and John Sharp and Sons Limited [1919] HCA 38
An industrial dispute may exist or be probable concerning an employee organisation and an employer, even where no members of the organisation are currently employed by that employer, if it is probable that members would seek employment with the employer.
- Parties
- Claimant: The Australian Timber Workers' Union; Respondents: John Sharp & Sons Limited and others; Respondents: Other respondents
- Jurisdiction
- Australia
- Judgment Date
- 04 August 1919
- Procedural Posture
- Application / Decision on Application Under Section 2144
- Outcome
- Application granted with relevant order made
- Legal Topics
- Industrial Dispute, Standing of Employee Organisations, Proof of Dispute, Commonwealth Conciliation and Arbitration Act
Case Brief
Summary, issues, holding and outcome
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Parties
The Australian Timber Workers' Union
Claimant
John Sharp & Sons Limited and others
Respondents
Other respondents
Respondents
Procedural Posture
Application / Decision on Application Under Section 2144
Legal Issues
- 1 Whether an industrial dispute exists or is probable between an employee organisation and employers not currently employing members of the organisation; whether the existence of a dispute requires any organisation members to be presently employed by the respondent employers.
Ratio Decidendi
An industrial dispute may exist or be probable concerning an employee organisation and an employer, even where no members of the organisation are currently employed by that employer, if it is probable that members would seek employment with the employer.
Court Disposition
Application granted with relevant order made
Full Case Text
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