R v Metal Trades Employers' Association; Ex parte Amalgamated Engineering Union [1951] HCA 3

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HIGH COURT [1950-1951,

[HIGH COURT OF AUSTRALIA.) THE KING AGAINST

METAL TRADES EMPLOYERS' ASSOCIATION AND OTHERS ;

Ex Parrrs AMALGAMATED ENGINEERING UNION, AUSTRALIAN SECTION.

H.C. or A, Industrial Arbitration (Cth.)—Award—Validity—Enforcement—Powers of Com-

1950-1951. —

MELBOURNE, 1950,

Oct. 18-20, 23, 24;

1951. March 5.

Latham C.J., Dixon, MeTiernan, Webb and Kitto JJ.

monwealth Court of Conciliation and Arbitration—Industrial dispute—Ambit of dispute—Overtime—Award prohibiting union of employees from being " directly or indirectly a party to or concerned in any ban" on overtime—Order of compliance—Validity—Order that union cause or procure its members to work overtime without ban—Power to enjoin union from committing a" contravention of this Act"—Whether applicable to contraventions of awards or orders—Power of court to punish contempt— Superior court of record "— Writ of prohibition issuing out of High Court—The Constitution (63 & 64 Vict. c. 12), 8. 75 (v.)—Commonwealth Conciliation and Arbitration Act 1904-

1949 (No. 13 of 1904—WNo. 86 of 1949), ss. 17 (3), 29 (b), (¢), 32, 59-62, 119.

An industrial dispute as to standard hours of work and other matters arose out of logs of demand of organizations of employers and, employees. The employers' log claimed that the following provisions should operate :— "12. . . . An employee or union of employees shall not by any means whatsoever restrict or attempt to restrict any worker from working any overtime that may be required and allowable under this award." GERM Any union on whom this log is served whose members are committing a breach of any of the foregoing clauses shall be liable to a penalty of £100." These claims were not conceded by the employees. The Commonwealth Court of Conciliation and Arbitration made an award which reduced the standard hours of work and contained a provision to the effect that (i) an employer might require any employee to work reason- able overtime and that such employee should work overtime in accordance