Amalgamated Society of Engineers v Smith [1913] HCA 44

Amalgamated Society of Engineers v Smith [1913] HCA 44

The union's rules do not authorise expulsion of a member for refusing to obey an order to break his contract of service. The Court may entertain an action seeking reinstatement to membership, as this is not barred by the Trade Unions Act 1886 (Qld) sec. 26. Any ambiguous rule authorising strikes should be construed...

Source-derived case information.

Parties
Plaintiff: John Smith; Defendant: Amalgamated Society of Engineers; Defendant: James A. Gale; Defendant: John Spencer; Defendant: Joseph Edward Russell; Defendant: Edwin Feather; Defendant: Henry Steyrme
Jurisdiction
Australia
Judgment Date
05 September 1913
Procedural Posture
Appeal / High Court of Australia, Appeal From Supreme Court of Queensland
Outcome
appeal dismissed
Legal Topics
Trade Unions, Expulsion of Members, Jurisdiction of Courts, Interpretation of Union Rules, Illegality and Restraint of Trade, Enforcement of Membership Rights
Employment Law Trade Union Law Trade Unions Expulsion of Members Jurisdiction of Courts Interpretation of Union Rules Illegality and Restraint of Trade Enforcement of Membership Rights

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Parties

John Smith

Plaintiff

Amalgamated Society of Engineers

Defendant

James A. Gale

Defendant

John Spencer

Defendant

Joseph Edward Russell

Defendant

Edwin Feather

Defendant

Henry Steyrme

Defendant

Procedural Posture

Appeal / High Court of Australia, Appeal From Supreme Court of Queensland

Legal Issues

  1. 1 Whether expulsion of the plaintiff from the trade union was valid under the union's rules
  2. 2 Whether the Court had jurisdiction to entertain the claim in light of the Trade Unions Act 1886 (Qld), sec. 26
  3. 3 Whether the society's rules or actions were illegal at common law or under statute by authorising strikes involving breach of contract

Ratio Decidendi

The union's rules do not authorise expulsion of a member for refusing to obey an order to break his contract of service. The Court may entertain an action seeking reinstatement to membership, as this is not barred by the Trade Unions Act 1886 (Qld) sec. 26. Any ambiguous rule authorising strikes should be construed as confined to strikes not involving breach of existing contracts so as to avoid illegality.

Court Disposition

appeal dismissed

Orders

  • Declaration that resolution of 20th May 1912 purporting to exclude the plaintiff from membership was ultra vires the rules and void
  • Declaration that plaintiff was and is a member of the society