Burwood Cinema Limited v Australian Theatrical and Amusement Employees' Association [1925] HCA 7

528 HIGH COURT (1924-1925.

H.C. or A. Tn my opinion, on the whole case, the appeal should be allowed mee and judgment entered for the appellant, without prejudice to any Scuverte proceeding that may be advised or desired, whether on the taking Dwr, of the accounts or otherwise, to reopen the transaction on the ground of excessive interest or charges as provided by sec. 1 of the

Money-lenders Act.

Isaacs J.

Appeal dismissed with costs.

pare, FR Solicitors for the appellant, W. D. Schrader & McFadden. yagi of ep | Solicitors for the respondent, Dawson & Heyford.

fein ore 981) Sey fe eee ae BL. fie, nes Rieu, Re; pets a fake aes cas (id aang Me ae on Resith .

[HIGH COURT OF AUSTRALIA.]

BURWOOD CINEMA LIMITED AND OTHERS — Apprrcants;

AGAINST

THE AUSTRALIAN THEATRICAL eae AMUSEMENT EMPLOYEES' ASSOCIA-

TION

RESPONDENT.

H.C. or A, Industrial Arbitration—Industrial dispute—Demand by organization of employees— Employer not employing members of organization—Employees satisfied with

1924-1925. rey conditions of labour—Constitutional law—Extent of legislative power of Common- Sypyry, wealth—The Constitution (63 & 64 Vict. c. 12), sec. 51 (xxxv.}—Commonwealth Dec. 8, 9, Conciliation and Arbitration Act 1904-1920 (No. 13 of 1904—No. 29 of 1921),

1024; secs. 4, 29, 40.

May 1, 1925.

Held, by Isaacs, Powers, Rich and Starke JJ. (Knox C.J. and Gavan Duffy J. begs end dissenting), that where a demand as to wages and conditions of abour is made Gayan Duty, on behalf of its members by an organization, registered under the Commonwealth poe Conciliation and Arbitration Act 1904-1921, of employees in a particular industry

upon a number of employers engaged in that industry, the fact that certain of those employers do not employ any members of the organization or that all

35 C.L.RJ OF AUSTRALIA.

the employees of certain of the employers are satisfied with their wages and conditions of labour, does not prevent the dispute constituted by the non-compliance with the demand from being an " industrial dispute," within the meaning of sec. 51 (xxxv.) of the Constitution and of the Commonwealth Conciliation and Arbitration Act, to which those employers are parties in respect of whom a binding award may be made by the Commonwealth Court of Conciliation and Arbitration.