Federated Engine-Drivers and Firemen's Association of Australasia Claimants; and Broken Hill Proprietary Company Limited [1911] HCA 31

Federated Engine-Drivers and Firemen's Association of Australasia Claimants; and Broken Hill Proprietary Company Limited [1911] HCA 31

By majority, the High Court held that the Commonwealth Conciliation and Arbitration Act 1904-1909 contemplates 'industry' as a collective enterprise involving both employers and employees. As the claimant association comprised members employed in diverse, unrelated enterprises (not a single industry), it was held...

Source-derived case information.

Parties
Claimant: Federated Engine-Drivers and Firemen's Association of Australasia; Respondent: The Broken Hill Proprietary Company Limited; Respondent: The Board of Water Supply and Sewerage, Sydney; Respondent: The Mayor, Aldermen, Councillors and Citizens of the City of Melbourne
Jurisdiction
Australia
Judgment Date
27 June 1911
Procedural Posture
Case Stated / Opinion of the High Court on Questions of Law—industrial Arbitration, Registration, Jurisdiction
Outcome
Appeal dismissed (majority); finding for the respondents.
Legal Topics
Registration of Organisations, Meaning of 'industry', Jurisdiction of Arbitration Court, Municipal Corporations as State Instrumentalities, Evidence and Effect of Certificate for Industrial Dispute, Delegation of Arbitral Powers
Industrial Law Constitutional Law Registration of Organisations Meaning of 'industry' Jurisdiction of Arbitration Court Municipal Corporations as State Instrumentalities Evidence and Effect of Certificate for Industrial Dispute Delegation of Arbitral Powers

Source-derived case record

Summary, issues, holding and outcome

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Parties

Federated Engine-Drivers and Firemen's Association of Australasia

Claimant

The Broken Hill Proprietary Company Limited

Respondent

The Board of Water Supply and Sewerage, Sydney

Respondent

The Mayor, Aldermen, Councillors and Citizens of the City of Melbourne

Respondent

Procedural Posture

Case Stated / Opinion of the High Court on Questions of Law—industrial Arbitration, Registration, Jurisdiction

Legal Issues

  1. 1 Whether the claimant association is entitled to be registered as an 'organization' under the Commonwealth Conciliation and Arbitration Act 1904-1910; meaning of 'industry' under the Act; if objection to registration is fatal; whether certain municipal/state bodies are subject to the jurisdiction of the Arbitration Court; evidentiary status of Registrar's certificate; legality of proposed delegation to Board of Reference.

Ratio Decidendi

By majority, the High Court held that the Commonwealth Conciliation and Arbitration Act 1904-1909 contemplates 'industry' as a collective enterprise involving both employers and employees. As the claimant association comprised members employed in diverse, unrelated enterprises (not a single industry), it was held not entitled to registration as an organization under s.55(1)(b). The objection to registration was fatal when the case came on for hearing. The Court further held that certificates of registration are not conclusive of substantive entitlement to registration, and that certain municipal trading activities are not exempt from the scope of federal arbitration legislation. Proposed...

Court Disposition

Appeal dismissed (majority); finding for the respondents.

Orders

  • Claimant association not entitled to registration as an organization under the Act; claim fails.
  • No award can be made on the claim brought forward by the present claimant (association not legally registrable).