R v Commonwealth Court of Conciliation & Arbitration; Federated Gas Employees' Industrial Union, Ex p [1951] HCA 2

R v Commonwealth Court of Conciliation & Arbitration; Federated Gas Employees' Industrial Union, Ex p [1951] HCA 2

The Arbitration Court has jurisdiction under s. 29(b) to order compliance with awards, including requiring the cessation of a continuing breach, but does not have power under s. 29(c) to enjoin breaches of an award, as s. 29(c) is limited to breaches of the Act itself.

Jurisdiction
Australia
Procedural Posture
Application for Writ of Prohibition / Judgment
Outcome
Order nisi discharged in relation to order made under s. 29(b); order absolute in relation to order made under s. 29(c); no order as to costs.
Legal Topics
['writ of Prohibition' 'interpretation of Arbitration Powers' 'compliance With Industrial Awards']
['labour Law' 'industrial Arbitration'] ['writ of Prohibition' 'interpretation of Arbitration Powers' 'compliance With Industrial Awards']

Case Brief

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Procedural Posture

Application for Writ of Prohibition / Judgment

Legal Issues

  1. 1 ['Whether the Commonwealth Court of Conciliation & Arbitration had jurisdiction to make orders under s. 29(b) and s. 29(c) of the Commonwealth Conciliation and Arbitration Act 1904-1949' 'Whether orders under s. 29(b) can require future compliance or are limited to remedying past breaches' 'Whether s. 29(c) extends to breaches of awards or only to infringements of the Act itself']

Ratio Decidendi

The Arbitration Court has jurisdiction under s. 29(b) to order compliance with awards, including requiring the cessation of a continuing breach, but does not have power under s. 29(c) to enjoin breaches of an award, as s. 29(c) is limited to breaches of the Act itself.

Court Disposition

Order nisi discharged in relation to order made under s. 29(b); order absolute in relation to order made under s. 29(c); no order as to costs.

Orders

  • ['Order nisi discharged as to s. 29(b)' 'Order nisi made absolute as to s. 29(c)' 'No order as to costs']