R v Portus; Ex parte Australian Air Pilots Association [1953] HCA 97

R v Portus; Ex parte Australian Air Pilots Association [1953] HCA 97

The log was capable of giving rise to an industrial dispute only as between Qantas Empire Airways Ltd. and the Australian Air Pilots' Association in relation to employees of Qantas. It could not found an industrial dispute between Qantas and the thirteen other employers, or between Qantas and the association concerning employees of those other employers, because the competing employers stood in no relevant industrial relation and Qantas had no relevant industrial interest in the terms on which those employers employed their pilots.

Jurisdiction
Australia
Procedural Posture
Application for Writ of Prohibition / Order Nisi for a Writ of Prohibition Directed to a Conciliation Commissioner
Outcome
Order nisi made absolute in part; writ of prohibition granted except as to the dispute between Qantas Empire Airways Ltd. and the Australian Air Pilots' Association in relation to Qantas employees.
Legal Topics
['industrial Dispute' 'employer Log of Claims' 'jurisdiction of Conciliation Commissioner' 'section 51 (xxxv.) of the Constitution' 'writ of Prohibition']
['industrial Law' 'constitutional Law' 'conciliation and Arbitration'] ['industrial Dispute' 'employer Log of Claims' 'jurisdiction of Conciliation Commissioner' 'section 51 (xxxv.) of the Constitution' 'writ of Prohibition']

Case Brief

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Procedural Posture

Application for Writ of Prohibition / Order Nisi for a Writ of Prohibition Directed to a Conciliation Commissioner

Legal Issues

  1. 1 ["Whether a log of claims served by Qantas Empire Airways Ltd. on the Australian Air Pilots' Association and thirteen other airline employers could create an industrial dispute within s. 51 (xxxv.) of the Constitution and the Conciliation and Arbitration Act 1904-1952." 'Whether an industrial dispute could arise from a demand by one employer upon other competing employers to pay specified wages and provide specified employment conditions.' "Whether the log should be read distributively so as to create a dispute between Qantas Empire Airways Ltd. and the Australian Air Pilots' Association in relation to Qantas employees."]

Ratio Decidendi

The log was capable of giving rise to an industrial dispute only as between Qantas Empire Airways Ltd. and the Australian Air Pilots' Association in relation to employees of Qantas. It could not found an industrial dispute between Qantas and the thirteen other employers, or between Qantas and the association concerning employees of those other employers, because the competing employers stood in no relevant industrial relation and Qantas had no relevant industrial interest in the terms on which those employers employed their pilots.

Court Disposition

Order nisi made absolute in part; writ of prohibition granted except as to the dispute between Qantas Empire Airways Ltd. and the Australian Air Pilots' Association in relation to Qantas employees.

Orders

  • ['Order absolute for writ of prohibition prohibiting the respondent conciliation commissioner from further proceeding or dealing with the alleged industrial dispute except in so far as it exists between the respondent company and the prosecutor in relation to the employees of the respondent company.' 'Respondent...