R v Galvin; Ex parte Amalgamated Engineering Union, Australian Section [1952] HCA 29

R v Galvin; Ex parte Amalgamated Engineering Union, Australian Section [1952] HCA 29

Clause 19 (ba) of the award is not inconsistent with s. 78 of the Conciliation and Arbitration Act 1904-1951, as s. 78 is limited to individuals and does not preclude award terms binding upon organisations; further, the clause is ancillary and incidental to the industrial dispute as disclosed by the logs of claim...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Industrial Dispute (application for Writ of Prohibition) / Order Nisi and Application for Order Absolute for Prohibition
Outcome
Order nisi for prohibition discharged with costs; application for order absolute for prohibition refused with costs.
Legal Topics
['conciliation and Arbitration' 'prohibition of Bans and Industrial Actions' 'award Making Powers']
['industrial Law'] ['conciliation and Arbitration' 'prohibition of Bans and Industrial Actions' 'award Making Powers']

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Procedural Posture

Industrial Dispute (application for Writ of Prohibition) / Order Nisi and Application for Order Absolute for Prohibition

Legal Issues

  1. 1 ['Whether cl. 19 (ba) of the award is invalid as inconsistent with s. 78 of the Conciliation and Arbitration Act 1904-1951' "Whether cl. 19 (ba) of the award is beyond the conciliation commissioner's powers as unrelated to the industrial dispute"]

Ratio Decidendi

Clause 19 (ba) of the award is not inconsistent with s. 78 of the Conciliation and Arbitration Act 1904-1951, as s. 78 is limited to individuals and does not preclude award terms binding upon organisations; further, the clause is ancillary and incidental to the industrial dispute as disclosed by the logs of claim and is thus within the power of the conciliation commissioner.

Court Disposition

Order nisi for prohibition discharged with costs; application for order absolute for prohibition refused with costs.

Orders

  • ['Order nisi for prohibition in respect of the order of variation made on 21st June 1951 discharged with costs.' 'Application for order absolute in the first instance for prohibition in respect of the corresponding provision of the award made on 16th January 1952 refused with costs.']