Australian Insurance Staffs' Federation Claimant; and Accident Underwriters' Association [1923] HCA 61

Australian Insurance Staffs' Federation Claimant; and Accident Underwriters' Association [1923] HCA 61

A dispute over wages and employment conditions between employers engaged in banking or insurance and their employees is an 'industrial dispute' within sec. 51 (xxxv) of the Constitution and the Commonwealth Conciliation and Arbitration Act 1904-1921. This encompasses clerical and other non-manual employees as industrial employees; the constitutional power is not confined to undertakings carried on wholly or mainly by means of manual labour.

Parties
Claimant: The Australian Insurance Staffs' Federation; Respondents: The Accident Underwriters' Association and Others; Claimant: The Bank Officials' Association; Respondents: The Bank of Australasia and Others
Jurisdiction
Australia
Judgment Date
13 December 1923
Procedural Posture
Stated Case / High Court of Australia Hearing and Decision
Outcome
Questions answered in the affirmative
Legal Topics
Industrial Disputes, Conciliation and Arbitration, Banking Employees, Insurance Employees
Constitutional Law Industrial Law Industrial Disputes Conciliation and Arbitration Banking Employees Insurance Employees

Case Brief

Summary, issues, holding and outcome

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Parties

The Australian Insurance Staffs' Federation

Claimant

The Accident Underwriters' Association and Others

Respondents

The Bank Officials' Association

Claimant

The Bank of Australasia and Others

Respondents

Procedural Posture

Stated Case / High Court of Australia Hearing and Decision

Legal Issues

  1. 1 Whether a dispute between banking/insurance employers and employees over wages and conditions is an 'industrial dispute' within sec. 51 (xxxv) of the Constitution and the Commonwealth Conciliation and Arbitration Act

Ratio Decidendi

A dispute over wages and employment conditions between employers engaged in banking or insurance and their employees is an 'industrial dispute' within sec. 51 (xxxv) of the Constitution and the Commonwealth Conciliation and Arbitration Act 1904-1921. This encompasses clerical and other non-manual employees as industrial employees; the constitutional power is not confined to undertakings carried on wholly or mainly by means of manual labour.

Court Disposition

Questions answered in the affirmative

Orders

  • The stated questions are answered 'Yes' in both cases (that is, the disputes are 'industrial disputes' within the meaning of the Constitution and the Act).