Re Coldham; Ex p Australian Social Welfare Union [1983] HCA 19

Re Coldham; Ex p Australian Social Welfare Union [1983] HCA 19

The dispute between the Australian Social Welfare Union and the Committees about the terms and conditions of employment of project officers is an 'industrial dispute' within the meaning of s. 51(xxxv) of the Constitution. The popular (non-technical) meaning of 'industrial dispute,' as to employment terms between employer and employee, should prevail. Under the definitions in the Conciliation and Arbitration Act, project officers and their employers are within the same 'industry,' meeting the statutory requirements for application of the Act.

Jurisdiction
Australia
Procedural Posture
Order Nisi for Writs of Prohibition and Mandamus / Final Judgment After Argument
Outcome
Order nisi for prohibition and mandamus made absolute.
Legal Topics
['industrial Disputes' 'conciliation and Arbitration' 'scope of S. 51(xxxv) Constitution' 'definition of Industry' 'statutory Interpretation']
['constitutional Law' 'industrial Law'] ['industrial Disputes' 'conciliation and Arbitration' 'scope of S. 51(xxxv) Constitution' 'definition of Industry' 'statutory Interpretation']

Case Brief

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Procedural Posture

Order Nisi for Writs of Prohibition and Mandamus / Final Judgment After Argument

Legal Issues

  1. 1 ["Whether a dispute between social workers and Community Youth Support Scheme Committees is an 'industrial dispute' within the meaning of s. 51(xxxv) of the Constitution." "Whether the dispute is an 'industrial dispute' within the meaning of the Conciliation and Arbitration Act 1904 (Cth)."]

Ratio Decidendi

The dispute between the Australian Social Welfare Union and the Committees about the terms and conditions of employment of project officers is an 'industrial dispute' within the meaning of s. 51(xxxv) of the Constitution. The popular (non-technical) meaning of 'industrial dispute,' as to employment terms between employer and employee, should prevail. Under the definitions in the Conciliation and Arbitration Act, project officers and their employers are within the same 'industry,' meeting the statutory requirements for application of the Act.

Court Disposition

Order nisi for prohibition and mandamus made absolute.

Orders

  • ['Order nisi for writs of prohibition and mandamus made absolute.']