Federated Engine-Drivers' and Firemen's Association of Australasia v A1 Amalgamated [1924] HCA 64

—— ee a

es 35 C.L.RJ OF AUSTRALIA.

{HIGH COURT OF AUSTRALIA.)

FEDERATED ENGINE-DRIVERS' AND FIRE. \ re MEN'S ASSOCIATION OF AUSTRALASIA j "?PUCANT:

AND

Al AMALGAMATED . e ~ j 3 . REsPponpENT.

Industrial Arbitration—Award—Jurisdiction of Commonwealth Court of Conciliation and Arbitration—Award of rate of wages lower than those being paid under existing award—Ambit of dispute — Surrounding circumstances—Commonwealth Conciliation and Arbitration Act 1904-1921 (No. 13 of 1904 — No. 29 of 1921),

sec. 24,

High Court—Practice—Costs—Application for declaration of existence of dispute— Commonweatth Conciliation and Arbitration Act 1904-1921 (No. 13 of 1904— No, 29 of 1921), séc. 21aa.

An industrial dispute arose out of the non-compliance by a number of employers with a demand by an organization of employees made by a log which set out (inter alia) certain specified rates of wages which were in fact higher than the minimum rates of wages payable or being paid, under an existing award of the Commonwealth Court of Conciliation and Arbitration, to the members of the organization by the respondents to that award.

Held, that that Court in making a new award had power to prescribe minimum rates of wages lower than those so payable or being paid.

Per Isaacs J.: The Court had such power in this case only because the demand was not merely a claim for additional remuneration but a claim for reconsideration of wages on an independent basis.

Held, by Rich J., that in a proper case an order for payment of the costs of an application under sec, 214 of the Commonwealth Conciliation and Arbitration Act 1904-1921 will be made.

Rererence.

On 20th December 1921 the President of the Commonwealth Court

of Conciliation and Arbitration made an award in a dispute in which the Federated Engine-Drivers' and Firemen's Association of