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43CLR 185
402 HIGH COURT
[1928.
[HIGH COURT OF AUSTRALIA.]
THE AMALGAMATED ENGINEERING UNION
Cl a im a n t ;
ALDERDICE PROPRIETARY LIMITED AND
R e s p o n d e n t s .
OTHERS
: )
I n r e t h e m e t r o p o l i t a n GAS COMPANY AND OTHERS.
H. C. o r A. Industrial Arhitmtion— Industrial dispute—Demand by orgaiiization of employees —
1928. Awards and agreements fi.ving hours for certain work in respect to one union— Subsequent award to another union fixing fewer hours for similar work— Former
M e l b o u r n e , union not party to subsequent award—Ineffectiveness of later award to affect
Oct. 9, 10.previous award to other union—“ Otherwise order”— Meaning of—Decrease of hours by Full Arbitration Court in respect of members of union having earlier
S y d n e y ,
award—Effect of—Jurisdiction of Full Arbitration Court to reduce hours— Nov. 26.Commonwealth Conciliation and Arbitration Act 1904-1928 (No. 13 of 1904—
Knox C.J.,
No. 18 of 1928), secs. 21aa , 28 (2), 31 (1).
Isaacs, Higgins,
Gavan Duffy,
Powers and
The applicant companies employed certain persons, who were members of the Federated Gas Employees Industrial Union, as fitters, turners and black smiths. By certain aw'ards and agreements the hours of such employees were fixed at 48 hours per week. Subsequently the Amalgamated Engineering Union obtained an award providing that the hours of (inter alia) fitters,, turners and blacksmiths should be 44 hours per week. The Federated Gas Employees Industrial Union was not a party to this award. A summons was issued by one of the applicants asking for an interpretation and, if necessary, for a variation of the latter award. At the time of the hearing of that summons the FuU Court of the Commonwealth Court of Conciliation and Arbitration had varied the awards and agreements of the Federated Gas Employees Industrial Union by reducing the hours of (inter alia) fitters, turners and blacksmiths from 48 to 44 hours per week, but this alteration was not brought to the notice of the Judge who heard the summons. The Judge held that as a result of the Amalgamated Engineering Linion’s award the hours of fitters, turners and blacksmiths who were member's of the Federated Gas Employees
Starke
J J .
41 C.L.R.l OF AUSTRALIA.
403
Industrial Union were reduced from 48 to 44 although the Federated Gas
H . C . O F A .
Employees Industrial Union was not a party to such award. The applicants
1928.
then took out a summons under sec. 21aa of the Commonwealth Conciliation
A m a l
and…
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- AGLC
- Amalgamated Engineering Union v Alderdice Pty Ltd [1928] HCA 38
- Case
- [1928] HCA 38
- Decision Date
CaseChat Overview and Summary
The central legal issue before the High Court was whether the subsequent award, which granted reduced working hours for a different union, could effectively alter or override the pre-existing award that applied to the Amalgamated Engineering Union. The court was required to determine the legal effect of the later award on the earlier award, particularly in circumstances where the union bound by the earlier award was not a party to the proceedings that led to the later award. The interpretation of the phrase "otherwise order" within the relevant industrial arbitration legislation was also a key consideration.
The High Court reasoned that an award made by the Full Arbitration Court could not unilaterally diminish the working hours stipulated in an earlier award that bound a different union, especially when that union was not a party to the later proceedings. The court held that the later award was ineffective to alter the terms of the earlier award concerning the Amalgamated Engineering Union. The principle applied was that industrial awards bind the parties thereto, and a subsequent award cannot prejudice the rights or conditions established by a prior award for a non-party. The court found that the phrase "otherwise order" did not grant the Full Arbitration Court the power to override existing awards in such a manner.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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