R v Findlay; Ex parte Commonwealth Steamship Owners' Association [1953] HCA 81

R v Findlay; Ex parte Commonwealth Steamship Owners' Association [1953] HCA 81

The connection between casual wharf clerks' attendance for engagement and actual employment is not too remote, and claims for attendance money may properly be matters 'pertaining to the relations of employers and employees' within the Act's definition of 'industrial matters.' The first and second proposed award variations could lawfully be entertained by the commissioner, but the third, which imposed joint and several liability on all employers regardless of their party status, could not be adopted. The order nisi for prohibition must be discharged since the commissioner did not necessarily lack authority to consider the claims.

Parties
Applicant: The Queen; Respondent: Findlay and another; Applicant (ex Parte): The Commonwealth Steamship Owners' Association and others; Respondent: Federated Clerks' Union of Australia
Jurisdiction
Australia
Judgment Date
01 December 1953
Procedural Posture
Industrial Arbitration Prohibition Application / High Court Full Court Judgment on Order Nisi for Prohibition
Outcome
Order nisi for writ of prohibition discharged
Legal Topics
Conciliation and Arbitration, Industrial Awards, Jurisdiction of Conciliation Commissioner, Prohibition, Definition of 'industrial Matters'
Industrial Law Constitutional Law Conciliation and Arbitration Industrial Awards Jurisdiction of Conciliation Commissioner Prohibition Definition of 'industrial Matters'

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Parties

The Queen

Applicant

Findlay and another

Respondent

The Commonwealth Steamship Owners' Association and others

Applicant (ex Parte)

Federated Clerks' Union of Australia

Respondent

Procedural Posture

Industrial Arbitration Prohibition Application / High Court Full Court Judgment on Order Nisi for Prohibition

Legal Issues

  1. 1 Whether proposed variations to an award for attendance money to casual wharf clerks constitute 'industrial matters' under the Conciliation and Arbitration Act 1904-1952
  2. 2 Whether the commissioner has jurisdiction to deal with such variations

Ratio Decidendi

The connection between casual wharf clerks' attendance for engagement and actual employment is not too remote, and claims for attendance money may properly be matters 'pertaining to the relations of employers and employees' within the Act's definition of 'industrial matters.' The first and second proposed award variations could lawfully be entertained by the commissioner, but the third, which imposed joint and several liability on all employers regardless of their party status, could not be adopted. The order nisi for prohibition must be discharged since the commissioner did not necessarily lack authority to consider the claims.

Court Disposition

Order nisi for writ of prohibition discharged

Orders

  • The order nisi for a writ of prohibition is discharged with costs