Amalgamated Engineering Union v Alderdice Pty Ltd [1928] HCA 38

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a MELBOURNE,

Oct. 9, 10.

Sypyey, Nov. 26.

Knox ©.3., Isaacs, Higgins, Gavan Dutly, Powers and Starke JJ.

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HIGH COURT [1928.

[HIGH COURT OF AUSTRALIA.]

THE AMALGAMATED ENGINEERING UNION CLAIMANT ;

AGAINST

ALDERDICE PROPRIETARY LIMITED AND | 5 OTHERS ' ' $ . ; . ' | 'ESPONDENTS..

In re THE METROPOLITAN GAS COMPANY AND OTHERS.

Industrial Arbitration—Industrial dispute—Demand by organization of employees — Awards and agreements fixing hours for certain work in respect to one union— Subsequent award to another union fixing fewer hours for similar work—Former union not party to subsequent award—Ineffectiveness of later award to affect previous award to other union— Otherwise order" —Meaning of —Decrease of hours by Full Arbitration Court in respect of members of union having earlier award—Dffect of Jurisdiction of Full Arbitration Court to reduce hours— Commonwealth Conciliation and Arbitration Act 1904-1928 (No. 13 of 1904— No. 18 of 1928), secs. 214, 28 (2), 31 (1).

'The applicant companies employed certain persons, who were members of the Federated Gas Employees Industrial Union, as fitters, turners and black- smiths. By certain awards 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 Full 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, turers 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 Union's award the hours of fitters, tumers and blacksmiths who were members of the Federated Gas Employees