Ecob, E.C. v. Tongue, C. [1988] FCA 253

Ecob, E.C. v. Tongue, C. [1988] FCA 253

On the assumed facts, the 1982 variation was made in settlement of a new industrial dispute or to prevent such dispute, and is a valid exercise of statutory and constitutional powers. The Federal Court's jurisdiction is not ousted by section 60, and the applicant's claim for unpaid wages is available under section 119.

Parties
Applicant: Ernest Charles Ecob; Respondent: Cecil Tongue
Jurisdiction
Australia
Judgment Date
23 May 1988
Procedural Posture
Claim for Unpaid Wages Under Industrial Award / Preliminary Legal Questions Before Final Orders
Outcome
To be determined after further argument on agreed findings of fact and appropriate orders.
Legal Topics
Validity of Industrial Award, Variation of Award, Jurisdiction of Federal Court, Interpretation of Statutory Provisions
Industrial Law Constitutional Law Validity of Industrial Award Variation of Award Jurisdiction of Federal Court Interpretation of Statutory Provisions

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Parties

Ernest Charles Ecob

Applicant

Cecil Tongue

Respondent

Procedural Posture

Claim for Unpaid Wages Under Industrial Award / Preliminary Legal Questions Before Final Orders

Legal Issues

  1. 1 Whether the 1982 variation of the Pastoral Industry Award was validly made in settlement of an industrial dispute extending beyond the limits of any one State as required by section 51(xxxv) of the Constitution
  2. 2 Whether section 119 of the Conciliation and Arbitration Act 1904 is constitutionally valid and authorises the Federal Court to order payment under the award
  3. 3 Whether section 60 of the Act prevents the Federal Court from entertaining challenges to the validity of the award

Ratio Decidendi

On the assumed facts, the 1982 variation was made in settlement of a new industrial dispute or to prevent such dispute, and is a valid exercise of statutory and constitutional powers. The Federal Court's jurisdiction is not ousted by section 60, and the applicant's claim for unpaid wages is available under section 119.

Court Disposition

To be determined after further argument on agreed findings of fact and appropriate orders.