Waterside Workers' Federation of Australia Claimant; and Commonwealth Steamship Owners' Association [1920] HCA 20

Waterside Workers' Federation of Australia Claimant; and Commonwealth Steamship Owners' Association [1920] HCA 20

By majority, the Court held that section 28(2) validly provides that an award shall continue in force after its specified period until a new award is made, but does not empower the Arbitration Court to make a new award with provisions operating in the period between expiration of the old award and the making of the new award. The period covered by the old award cannot be retrospectively reopened by the new award, but for the period after the specified term, a new dispute may arise and the Court may make an award prospectively from the date of the new award.

Parties
Claimant: The Waterside Workers' Federation of Australia; Respondents: The Commonwealth Steamship Owners' Association and Others; Respondents: Darling Island Stevedoring Co. and other respondents; Intervener: Commonwealth
Jurisdiction
Australia
Judgment Date
31 March 1920
Procedural Posture
Case Stated / Full High Court Determination of Questions of Law
Outcome
Questions answered: (1) No; (2) Yes
Legal Topics
Industrial Dispute, Validity of Commonwealth Legislation, Retrospective Awards, Conciliation and Arbitration
Industrial Law Constitutional Law Industrial Dispute Validity of Commonwealth Legislation Retrospective Awards Conciliation and Arbitration

Case Brief

Summary, issues, holding and outcome

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Parties

The Waterside Workers' Federation of Australia

Claimant

The Commonwealth Steamship Owners' Association and Others

Respondents

Darling Island Stevedoring Co. and other respondents

Respondents

Commonwealth

Intervener

Procedural Posture

Case Stated / Full High Court Determination of Questions of Law

Legal Issues

  1. 1 Whether the Arbitration Court may make awards with effect retrospectively for a period after expiry of a previous award but prior to making the new award
  2. 2 Whether section 28(2) of the Commonwealth Conciliation and Arbitration Act is a valid exercise of Commonwealth parliamentary power under section 51(xxxv) Constitution
  3. 3 Effect of a decision of a Justice under section 214a of the Arbitration Act

Ratio Decidendi

By majority, the Court held that section 28(2) validly provides that an award shall continue in force after its specified period until a new award is made, but does not empower the Arbitration Court to make a new award with provisions operating in the period between expiration of the old award and the making of the new award. The period covered by the old award cannot be retrospectively reopened by the new award, but for the period after the specified term, a new dispute may arise and the Court may make an award prospectively from the date of the new award.

Court Disposition

Questions answered: (1) No; (2) Yes