High Court of Australia
foee BY DEL DES. C SAREGR 22e,
CLR OF AUSTRA Mee ON 461 89 C.L.R. USTRALIA. const a AIZATH » EFL ae
Cons, (4&8 CLR 680,
[HIGH COURT OF AUSTRALIA.] THE QUEEN AGAINST
KELLY AND OTHERS ; Ex parte AUSTRALIAN RAILWAYS UNION.
THE QUEEN
AGAINST
KIRBY AND OTHERS ; Ex parte AUSTRALASIAN SOCIETY OF ENGINEERS.
Ex parte AUSTRALIAN THEATRICAL AND AMUSEMENT EMPLOYEES' ASSOCIATION.
Ex parte MUNICIPAL OFFICERS' ASSOCIATION OF
AUSTRALIA. Industrial Law (Oth.)—Industrial arbitration—Court of Conciliation and Arbitra- Wy. C. or A. tion—Decision—Awards—Basic wage—Quarterly adjustment—Suspension— 1953. Variation of awards—Power of court—Industrial dispute—Existence—The Ses
Constitution (63 & 64 Vict. c. 12), s. 51 (axwv.), (wxxia.)—Conciliation and SYDNEY, Arbitration Act 1904-1952 (No. 13 of 1904—No. 34 of 1952), ss. 34, 38, 48 (1), Dec. 1, 2, 17. (2), 49—Acts Interpretation Act 1901-1950 (No. 2 of 1901—WNo. 80 of 1950), Dixon 0.3
Jo ANSI Webb, A Fullagar,
Section 49 of the Conciliation and Arbitration Act 1904-1952 read in con- olan
junction with s. 34, authorizes the Court of Conciliation and Arbitration of its own motion and without the consent of the parties to an award to vary its terms. It is incidental to the settlement of disputes by conciliation and arbitration that the court should be empowered to maintain a settlement so made in an expedient and satisfactory form adjusted to changed conditions.
Reg. v. Blackburn ; Ex parte Transport Workers' Union of Australia (1953) 88 C.L.R. 125, discussed and explained.
H. C. or A. 19538.
WW
THE QupEN »
Ex PARTE AUSTRALIAN RatLways UNIon.
HIGH COURT [1953.
PROHIBITION.
In each of the abovementioned matters the prosecutor therein was granted by Dixon C.J. an order nisi for a writ of prohibition directed to the Judges of the Court of Conciliation and Arbitration restraining them from proceeding upon orders made by that court varying the relevant award (i) in the first matter mentioned above and in which the Australian Railways Union was the prosecutor, by inserting a new clause, 6a, in the Railways Metal Trades Grades Award 1953 directing that notwithstanding anything to the con- trary contained in the award, an adult male employee (other than an apprentice) should be paid at a prescribed rate as a basic wage (non-adjustable), and (ii) in each of the other three matters, by, in effect, deleting therefrom the provisions providing for the periodic adjustment of the " basic wages " for adult males and adult females on price index numbers and thus giving effect to a decision of the Full Court of the Court of Conciliation and Arbitration made on 12th September 1953.
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