R v Clarkson; Ex parte Victorian Employers Federation [1973] HCA 57

R v Clarkson; Ex parte Victorian Employers Federation [1973] HCA 57

Mandamus was refused because the variation sought by the Victorian Employers Federation was unnecessary and would be futile: the Vehicle Industry Award 1972 already bound the Federation and, by operation of s. 61(f) of the Conciliation and Arbitration Act 1904-1972, bound all members of the Federation in respect of work to which the award applied. The Commission's view that it lacked power because the Federation lacked capacity was mistaken according to the majority, since the Federation could represent those eligible to be its members under its conditions of eligibility.

Jurisdiction
Australia
Procedural Posture
Application for Mandamus / Return of Order Nisi
Outcome
Order nisi for mandamus discharged.
Legal Topics
['mandamus' 'conciliation and Arbitration Commission Jurisdiction' 'variation of Award' 'registered Organisations' 'capacity to Represent Members' 'binding Effect of Award']
['industrial Law' 'administrative Law'] ['mandamus' 'conciliation and Arbitration Commission Jurisdiction' 'variation of Award' 'registered Organisations' 'capacity to Represent Members' 'binding Effect of Award']

Case Brief

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Procedural Posture

Application for Mandamus / Return of Order Nisi

Legal Issues

  1. 1 ['Whether the Commonwealth Conciliation and Arbitration Commission wrongly declined jurisdiction to vary the Vehicle Industry Award 1972.' 'Whether the Victorian Employers Federation had capacity as a registered organisation to represent its members in relation to employees outside clerical occupations or outside the clerical industry.' 'Whether the Vehicle Industry Award 1972 already bound members of the Victorian Employers Federation in respect of employees employed on work to which the award applies.' 'Whether the registration of the Victorian Employers Federation in the clerical industry was invalid because there was no such industry.']

Ratio Decidendi

Mandamus was refused because the variation sought by the Victorian Employers Federation was unnecessary and would be futile: the Vehicle Industry Award 1972 already bound the Federation and, by operation of s. 61(f) of the Conciliation and Arbitration Act 1904-1972, bound all members of the Federation in respect of work to which the award applied. The Commission's view that it lacked power because the Federation lacked capacity was mistaken according to the majority, since the Federation could represent those eligible to be its members under its conditions of eligibility.

Court Disposition

Order nisi for mandamus discharged.

Orders

  • ['Order nisi for mandamus discharged.']