Federated Seamen's Union of Australasia Claimant; and Commonwealth Steamship Owners' Association [1922] HCA 7

Federated Seamen's Union of Australasia Claimant; and Commonwealth Steamship Owners' Association [1922] HCA 7

By majority, section 77(2) of the Navigation Act does not preclude the Arbitration Court from making an award providing for more frequent payment (e.g., fortnightly) of seamen's wages than monthly; 'monthly' sets a minimum standard, not a maximum. An award may lawfully prescribe earlier payment intervals so long as the mandatory statutory minima are observed. However, the Arbitration Court has no jurisdiction to make an award inconsistent with a Commonwealth statute.

Parties
Claimant: The Federated Seamen's Union of Australasia; Respondents: The Commonwealth Steamship Owners' Association and Others
Jurisdiction
Australia
Judgment Date
13 April 1922
Procedural Posture
Case Stated and Order Nisi for Prohibition / Full Court Judgment on Case Stated and Prohibition
Outcome
Case stated answered Yes; prohibition refused.
Legal Topics
Industrial Arbitration, Navigation Act—interpretation, Payment of Wages—seamen, Inconsistency—award and Statute
Industrial Law Maritime Law Statutory Interpretation Industrial Arbitration Navigation Act—interpretation Payment of Wages—seamen Inconsistency—award and Statute

Case Brief

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Parties

The Federated Seamen's Union of Australasia

Claimant

The Commonwealth Steamship Owners' Association and Others

Respondents

Procedural Posture

Case Stated and Order Nisi for Prohibition / Full Court Judgment on Case Stated and Prohibition

Legal Issues

  1. 1 Does section 77(2) of the Navigation Act 1912-1920 prevent the Commonwealth Court of Conciliation and Arbitration from making an award requiring seamen's wages to be paid more frequently (fortnightly) than monthly?
  2. 2 Is an award for payment of wages within four hours of arrival in port valid under the Navigation Act?
  3. 3 Can the Arbitration Court make an award inconsistent with a Commonwealth statute?

Ratio Decidendi

By majority, section 77(2) of the Navigation Act does not preclude the Arbitration Court from making an award providing for more frequent payment (e.g., fortnightly) of seamen's wages than monthly; 'monthly' sets a minimum standard, not a maximum. An award may lawfully prescribe earlier payment intervals so long as the mandatory statutory minima are observed. However, the Arbitration Court has no jurisdiction to make an award inconsistent with a Commonwealth statute.

Court Disposition

Case stated answered Yes; prohibition refused.

Orders

  • The Court answered the case stated in the affirmative, finding the Arbitration Court may make an award for more frequent payments than monthly under section 77(2) of the Navigation Act.
  • The order nisi for prohibition was discharged. Parties to abide their own costs relating exclusively to the case stated. Prosecutors to pay costs of respondent of order nisi for prohibition except costs of case stated.