Australian Workers' Union Claimants; and Pastoralists' Federal Council [1917] HCA 17

Australian Workers' Union Claimants; and Pastoralists' Federal Council [1917] HCA 17

It is sufficient to prove that an organisation of employees is in dispute with the respondents as employers on a matter of real substance (such as minimum rates for boundary riders), rather than requiring proof of a direct dispute between each employer and a particular employee. The burden is on the union to show an actual or probable dispute exists; where the employer employs no relevant employees, only a possible—rather than probable—dispute is shown, which is insufficient.

Parties
Claimant: The Australian Workers' Union; Respondents: The Pastoralists' Federal Council and others
Jurisdiction
Australia
Judgment Date
30 April 1917
Procedural Posture
Application for Judicial Determination Under Industrial Legislation / Summons (formerly Motion) Seeking Decision Whether a Dispute Exists or Is Threatened
Outcome
Order made according to reasons; finding of dispute made in part, limited to those employers against whom an actual or probable dispute is proved.
Legal Topics
Industrial Dispute, Jurisdiction of Arbitration Court, Definition of Employee, Role of Organisations/unions in Industrial Disputes
Industrial Law Constitutional Law Industrial Dispute Jurisdiction of Arbitration Court Definition of Employee Role of Organisations/unions in Industrial Disputes

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Parties

The Australian Workers' Union

Claimant

The Pastoralists' Federal Council and others

Respondents

Procedural Posture

Application for Judicial Determination Under Industrial Legislation / Summons (formerly Motion) Seeking Decision Whether a Dispute Exists or Is Threatened

Legal Issues

  1. 1 Whether an industrial dispute exists within the meaning of the Commonwealth Conciliation and Arbitration Act between the Union and the respondent employers regarding station hands (general hands) in the pastoral industry
  2. 2 Whether it is necessary to prove a dispute between each employer and a specific employee to establish an industrial dispute under the Act

Ratio Decidendi

It is sufficient to prove that an organisation of employees is in dispute with the respondents as employers on a matter of real substance (such as minimum rates for boundary riders), rather than requiring proof of a direct dispute between each employer and a particular employee. The burden is on the union to show an actual or probable dispute exists; where the employer employs no relevant employees, only a possible—rather than probable—dispute is shown, which is insufficient.

Court Disposition

Order made according to reasons; finding of dispute made in part, limited to those employers against whom an actual or probable dispute is proved.

Orders

  • Order to be drawn up as made in Chambers, reflecting that only employers with station hands and against whom an actual or probable dispute is proved are subject to conciliation and arbitration proceedings.