Amalgamated Engineering Union v Alderdice Pty Ltd [1928] HCA 38

Amalgamated Engineering Union v Alderdice Pty Ltd [1928] HCA 38

The award made by the Arbitration Court at the instance of the Amalgamated Engineering Union was not binding on employees who were not parties to the dispute (i.e., members of the Federated Gas Employees Industrial Union but not the Amalgamated Engineering Union), as nothing in the Commonwealth Conciliation and Arbitration Act conferred jurisdiction to bind employees other than parties or represented members. Awards and agreements under sec. 28(2) can only be varied by new awards in the same dispute or with the same parties, or by orders made in those proceedings, not by awards between other parties or in other disputes. Consequently, clause 8 of the Amalgamated Engineering Union award...

Parties
Claimant: The Amalgamated Engineering Union; Respondents: Alderdice Proprietary Limited and Others; Applicant Company: Metropolitan Gas Company; Applicant Company: South Australian Gas Co.; Applicant Company: Colonial Gas Association; Applicant Company: Hobart Gas Co.; Interested Party: Federated Gas Employees Industrial Union
Jurisdiction
Australia
Judgment Date
26 November 1928
Procedural Posture
Industrial Arbitration / Interpretation of Award / Final Appellate—high Court Decision on Stated Case
Outcome
Question answered in the negative—Amalgamated Engineering Union award not binding on non-member Federated Gas Employees Industrial Union members; application succeeds.
Legal Topics
Industrial Arbitration Awards—inter Union Effect, Interpretation of Arbitration Act Provisions, Award Duration and Supersession, Industrial Disputes—standing and Scope, Jurisdiction Under Arbitration Act Sec. 28(2) and Sec. 214 a
Industrial Law Employment Law Constitutional Law Industrial Arbitration Awards—inter Union Effect Interpretation of Arbitration Act Provisions Award Duration and Supersession Industrial Disputes—standing and Scope Jurisdiction Under Arbitration Act Sec. 28(2) and Sec. 214 a

Case Brief

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Parties

The Amalgamated Engineering Union

Claimant

Alderdice Proprietary Limited and Others

Respondents

Metropolitan Gas Company

Applicant Company

South Australian Gas Co.

Applicant Company

Colonial Gas Association

Applicant Company

Hobart Gas Co.

Applicant Company

Federated Gas Employees Industrial Union

Interested Party

Procedural Posture

Industrial Arbitration / Interpretation of Award / Final Appellate—high Court Decision on Stated Case

Legal Issues

  1. 1 Whether an award obtained by the Amalgamated Engineering Union is binding on employees who are members of a different union (the Federated Gas Employees Industrial Union) and not parties to the dispute or award.
  2. 2 Whether the Commonwealth Arbitration Court can make awards affecting parties not before the Court or not members of claimant organization.
  3. 3 Interplay between awards/agreements and later conflicting awards, especially with respect to hours of work.

Ratio Decidendi

The award made by the Arbitration Court at the instance of the Amalgamated Engineering Union was not binding on employees who were not parties to the dispute (i.e., members of the Federated Gas Employees Industrial Union but not the Amalgamated Engineering Union), as nothing in the Commonwealth Conciliation and Arbitration Act conferred jurisdiction to bind employees other than parties or represented members. Awards and agreements under sec. 28(2) can only be varied by new awards in the same dispute or with the same parties, or by orders made in those proceedings, not by awards between other parties or in other disputes. Consequently, clause 8 of the Amalgamated Engineering Union award...

Court Disposition

Question answered in the negative—Amalgamated Engineering Union award not binding on non-member Federated Gas Employees Industrial Union members; application succeeds.

Orders

  • Applicants are not bound by clause 8 of the award in so far as it purports to make the award binding as to all other persons following the occupation set out in the award now or hereafter employed by the said applicants.