R v Graziers' Association of NSW; Ex parte Australian Workers Union [1956] HCA 31

R v Graziers' Association of NSW; Ex parte Australian Workers Union [1956] HCA 31

A demand by employers upon a union that they should be bound regarding employees not members of the union does not, by the union's non-acceptance, create an industrial dispute as required by statute and Constitution. The union does not represent non-members and its assent or dissent is irrelevant to the minimum...

Source-derived case information.

Parties
Applicant: The Queen; Respondents: Graziers' Association of New South Wales and Others; Prosecutor/applicant (ex Parte): Australian Workers' Union; Respondent: John Hawdon Donovan (Conciliation Commissioner)
Jurisdiction
Australia
Judgment Date
15 June 1956
Procedural Posture
Application for Prohibition (order Nisi) / Full Court Hearing of the Return of an Order Nisi in the High Court of Australia
Outcome
Order nisi for prohibition made absolute (majority); Taylor J dissenting.
Legal Topics
Industrial Arbitration, Jurisdiction of Conciliation Commissioner, Standing of Unions, Minimum Rates of Pay, Effect of Awards on Non Unionists
Industrial Law Constitutional Law Industrial Arbitration Jurisdiction of Conciliation Commissioner Standing of Unions Minimum Rates of Pay Effect of Awards on Non Unionists

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Parties

The Queen

Applicant

Graziers' Association of New South Wales and Others

Respondents

Australian Workers' Union

Prosecutor/applicant (ex Parte)

John Hawdon Donovan (Conciliation Commissioner)

Respondent

Procedural Posture

Application for Prohibition (order Nisi) / Full Court Hearing of the Return of an Order Nisi in the High Court of Australia

Legal Issues

  1. 1 Whether a union's failure to agree to employers' demands regarding non-unionists creates an 'industrial dispute' under the Conciliation and Arbitration Act 1904-1955 and Constitution s. 51 (xxxv).
  2. 2 Whether a conciliation commissioner has jurisdiction to make an interim award relating to terms and conditions of employment for employees who are not union members.

Ratio Decidendi

A demand by employers upon a union that they should be bound regarding employees not members of the union does not, by the union's non-acceptance, create an industrial dispute as required by statute and Constitution. The union does not represent non-members and its assent or dissent is irrelevant to the minimum rates or conditions for such non-members; therefore, the conciliation commissioner had no jurisdiction to make an award in respect of non-members on the present facts.

Court Disposition

Order nisi for prohibition made absolute (majority); Taylor J dissenting.

Orders

  • Order absolute with costs including costs of the order nisi to be paid by the respondent organisations.