Australian Boot Trade Employes' Federation Claimants; and Whybrow and Co [1910] HCA 53

Australian Boot Trade Employes' Federation Claimants; and Whybrow and Co [1910] HCA 53

The provisions purporting to empower the Commonwealth Court of Conciliation and Arbitration to declare a common rule binding on all persons in an industry are in substance legislative, not arbitral, powers. Section 51(xxxv) of the Constitution is limited to conciliation and arbitration processes for the prevention and settlement of industrial disputes between disputing parties, not general regulation of industries. The challenged legislative provisions are therefore beyond the constitutional power and invalid.

Parties
Claimant: Australian Boot Trade Employés Federation; Respondent: Whybrow & Co. and Others; Objector: Marshall Shoe Co. and thirty-four other objectors; Intervenor: State of Victoria; Intervenor: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
10 October 1910
Procedural Posture
Case Stated / Determination of Constitutionality of Legislative Provision
Outcome
The common rule provisions of the Commonwealth Conciliation and Arbitration Act 1904-1910 are invalid as being beyond the constitutional power of parliament.
Legal Topics
Powers of the Commonwealth, Conciliation and Arbitration, Ultra Vires, Common Rule, Industrial Disputes
Constitutional Law Industrial Law Powers of the Commonwealth Conciliation and Arbitration Ultra Vires Common Rule Industrial Disputes

Case Brief

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Parties

Australian Boot Trade Employés Federation

Claimant

Whybrow & Co. and Others

Respondent

Marshall Shoe Co. and thirty-four other objectors

Objector

State of Victoria

Intervenor

Commonwealth of Australia

Intervenor

Procedural Posture

Case Stated / Determination of Constitutionality of Legislative Provision

Legal Issues

  1. 1 Whether the provisions of the Commonwealth Conciliation and Arbitration Act 1904-1910 which authorize the Court to declare a common rule are within the powers conferred by section 51(xxxv) of the Constitution

Ratio Decidendi

The provisions purporting to empower the Commonwealth Court of Conciliation and Arbitration to declare a common rule binding on all persons in an industry are in substance legislative, not arbitral, powers. Section 51(xxxv) of the Constitution is limited to conciliation and arbitration processes for the prevention and settlement of industrial disputes between disputing parties, not general regulation of industries. The challenged legislative provisions are therefore beyond the constitutional power and invalid.

Court Disposition

The common rule provisions of the Commonwealth Conciliation and Arbitration Act 1904-1910 are invalid as being beyond the constitutional power of parliament.

Orders

  • Question answered accordingly: the provisions in question are invalid.