R v Findlay; Ex parte Victorian Chamber of Manufactures [1950] HCA 53

Cons Ei boms Ex Rv Gaudron i ttotmes;

Bit pon Unimnel Py Aibna® Workers Lid nea Petrochemical 81 C.L.R.] OF AUSTRALIA.

[HIGH COURT OF AUSTRALIA] THE KING

AGAINST

FINDLAY AND ANOTHER ;

Ex parte VICTORIAN CHAMBER OF MANUFACTURES AND OTHERS.

Industrial Arbitration (Cth.)—Award—Validity—Industrial dispute—Ambit of dispute—Log of claims by employees not acceded to by employers—Claim for compulsory unionism—No claim for preference to unionists—Nature and extent of power to direct preference to unionists—Commonwealth Conciliation and Arbitration Act 1904-1949 (No. 13 of 1904—No. 86 of 1949), ss. 4, 56.*

'An industrial dispute arose from the failure of employers to accede to a log of demands by a union of employees which contained a claim for compulsory unionism but none for preference to unionists. An award made by a concilia- tion commissioner under the Commonwealth Conciliation and Arbitration Act 1904-1949 in settlement of the dispute contained the following clause :— 61. Subject to the provisions of the Re-establishment and Employment Act 1945, the following conditions shall apply in respect of employment in the ing employees, an employer bound

industry :—(a) In employing and dismi by the terms of this award shall give preference of employment to members of the Clothing and Allied Trades Union of Australia. (b) Without derogating from the generality or operation of sub-clause (a) hereof—(i) An employer who is bound by this award shall not employ any person who is not a member of the said Union if a person who—(1) works in the class of work in question, and (2) is a member of the said Union is available for and willing to accept such employment. (ii) An employer who is bound by this award shall not (on the ground that no such person as is described in sub-paragraphs (1) and (2) of paragraph (i) hereof is available for and willing to accept the employment in question) employ any person who is not a member of the said Union unless