High Court of Australia
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ae fae
43 C.L.R.] OF AUSTRALIA. 29
(HIGH COURT OF AUSTRALIA.)
THE AMALGAMATED CLOTHING AND )
ALLIED TRADES UNION OF AUSTRALIA 5 CUARIANTS
AGAINST
D. E. ARNALL AND SONS AND OTHERS ReEsponpents.
In re AMERICAN DRY CLEANING COMPANY.
Industrial Arbitration—Industrial dispute—Award fixing conditions of employment ©. or A.
in respect of every person employed in the industry whether members of union or 4999,
not—Validity of award—Commonwealth Conciliation and Arbitration Act 1904- =
1928 (No. 13 of 1904—No. 18 of 1928), sec. 2144, MetBourNe, Oct. 21;
An award made by the Federal Arbitration Court purported to bind named "7 employers, including the applicant company, in respect of each and every person
employed by them in the clothing and allied trades and industries, whether ae
members of the union making the claim or not, and the union and the Gavan Dri, members thereof, 'The applicant had never employed any member of the and Dison 33.
union or of any organization or union of employees in the clothing or allied
trades or industries.
Held, by Knox C.J., Gavan Duffy, Rich, Starke and Dizon JJ. (Ieaacs J. dissenting), that the judgments of Knox O.J., Gavan Duffy and Starke JJ., in 'Amalgamated Engineering Union v. Alderdice Pty. Ltd.; In re Metropolitan Gas Co., (1928) 41 C.L.R. 402, should be applied, and therefore that in so far as the award of the Arbitration Court purported to bind the applicant in respect of every person employed by it, whether a member of the union or not, it was ultra vires.
Summons referred to Full Court.
This was a summons under sec. 214A of the Commonwealth Conciliation and Arbitration Act 1904-1928 issued at the instance of the American Dry Cleaning Co. for the determination of certain
30 HIGH COURT iat
H.C. or A. questions of law arising in relation to various industrial disput and proceedings between the Amalgamated Clothing and Allied
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