R v Galvin; Ex parte Metal Trades Employers' Association [1949] HCA 12

R v Galvin; Ex parte Metal Trades Employers' Association [1949] HCA 12

A variation to an award introducing a fifteen-minute tea-break for all employees two hours after starting time alters the standard hours of work prescribed by the award. Section 13 of the Act prohibits a conciliation commissioner from making such an alteration; such power rests solely with the Court. Accordingly, the commissioner lacks jurisdiction to hear the application for this award variation.

Parties
Prosecutor: The King; Respondent Conciliation Commissioner: John Michael Galvin; Respondent Union: Federated Ship Painters' and Dockers' Union of Australia; Applicant/prosecutor: Metal Trades Employers' Association; Applicant/prosecutor: Commonwealth Steamship Owners' Association; Applicant/prosecutor: Burns, Philp & Co. Ltd.; Intervener: Commonwealth (intervener)
Jurisdiction
Australia
Procedural Posture
Application for Prohibition / Return of Order Nisi; Determination of Jurisdiction
Outcome
Order nisi made absolute; prohibition granted
Legal Topics
Jurisdiction of Conciliation Commissioner, Alteration of Standard Hours of Work, Award Variation, Tea Break, Commonwealth Conciliation and Arbitration Act
Industrial Law Jurisdiction of Conciliation Commissioner Alteration of Standard Hours of Work Award Variation Tea Break Commonwealth Conciliation and Arbitration Act

Case Brief

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Parties

The King

Prosecutor

John Michael Galvin

Respondent Conciliation Commissioner

Federated Ship Painters' and Dockers' Union of Australia

Respondent Union

Metal Trades Employers' Association

Applicant/prosecutor

Commonwealth Steamship Owners' Association

Applicant/prosecutor

Burns, Philp & Co. Ltd.

Applicant/prosecutor

Commonwealth (intervener)

Intervener

Procedural Posture

Application for Prohibition / Return of Order Nisi; Determination of Jurisdiction

Legal Issues

  1. 1 Whether a conciliation commissioner has jurisdiction to vary an award by inserting a tea-break provision hence altering the standard hours of work under the Act
  2. 2 Whether provision for a tea-break constitutes an alteration of standard hours of work in an industry

Ratio Decidendi

A variation to an award introducing a fifteen-minute tea-break for all employees two hours after starting time alters the standard hours of work prescribed by the award. Section 13 of the Act prohibits a conciliation commissioner from making such an alteration; such power rests solely with the Court. Accordingly, the commissioner lacks jurisdiction to hear the application for this award variation.

Court Disposition

Order nisi made absolute; prohibition granted

Orders

  • A writ of prohibition restraining the commissioner from proceeding with the union's application for an award variation introducing a tea-break provision.
  • Union's proper course is to apply to the Court of Conciliation and Arbitration.