Australian Commonwealth Shipping Board v Federated Seamen's Union of Australasia

The Australian Commonwealth Shipping Board (the Board) sought an injunction against the Federated Seamen's Union of Australasia (the Union) and its officers. The dispute concerned alleged breaches of an award made by the Commonwealth Court of Conciliation and Arbitration. The Board contended that the Union had incited or encouraged its members to strike, which constituted a breach of the award and the Commonwealth Conciliation and Arbitration Act 1904-1921. The Union argued that the Board was not a party to the award, that no strike had occurred, and that the Union itself had not been involved in any such action.

The High Court was required to determine several legal issues. Firstly, whether the term "Commonwealth Government Line of Steamers," as a party to the award, sufficiently described the Australian Commonwealth Shipping Board. Secondly, whether the actions of the Union's members constituted a "strike" as defined by the Act and the award, and if so, whether that strike was unreasonable. Thirdly, whether the Union, through its Committee of Management or officers, had ordered, encouraged, advised, or incited such a strike. Finally, the Court had to consider whether an injunction was an appropriate remedy under section 48 of the Act.

The Court, by majority, held that the designation "Commonwealth Government Line of Steamers" was a sufficient description of the Australian Commonwealth Shipping Board, thus establishing the Board as a party to the award. The Court found that the refusal of Union members to accept employment constituted an unreasonable strike. This refusal was linked to the Union's prior suspension of certain members who had sailed on the Fordsdale, despite an interlocutory injunction from the Supreme Court of New South Wales that had ordered the Union to cease interfering with their employment. The majority reasoned that the Union's continued stance and the actions of its officers demonstrated an encouragement of the strike, making it liable for breaches of the award.

Consequently, the Court ordered that an injunction be granted against the Union, restraining it, its officers, servants, and agents from ordering, encouraging, or aiding its members to strike by refusing to accept employment or ceasing work due to the employment of the suspended Fordsdale men. The Court declined to grant a representative order against individual respondents, deeming it sufficient to restrain the organisation and its officers, servants, and agents.