Australian Workers' Union v Commonwealth Railways Commissioner [1933] HCA 16

OF AUSTRALIA. 589

in my opinion, a case for the application of the doctrine of the H- ©. oF 4- chance. 1933. i YS

JosEPH

Judgment of the Swpreme Court and of the gv ow County Court set aside and a new trial & Anew Pry. Lrp.

ordered. ——

citor for the appellant, Dudley A. T'regent.

icitors for the respondent, Bullen & Burt. H. D. W.

[HIGH COURT OF AUSTRALIA.] AUSTRALIAN WORKERS' UNION . APPLICANT ;

AND

COMMONWEALTH RAILWAYS COM-

a } ResponveEnt.

dustrial Arbitration—* Basic wage "—Conditions precedent to alteration—Award H.C, or A. of single Judge—Commonwealth Railways—Employees—Jurisdiction of Common- 1933, wealth Court of Conciliation and Arbitration—Commonwealth Conciliation and net Arbitration Act 1904-1930 (No. 13 of 1904—No. 43 of 1930), sec. 18a (4) (i) (6) MELBOURNE, Arbitration (Public Service) Act 1911 (No. 11 of 1911)—Arbitration (Public March 13, 14.

fervice) Act 1920 (No. 28 of 1920), sec. 11. Scores

_ An award of the Commonwealth Court of Conciliation and Arbitration fixed 4pril 21.

minimum wage for employees of the Commonwealth Railways Commissioner. ich, Starke, The amount of the wage was computed by reference to an index figure for .P\itinignatn

Augusta in a statistical table relating to the cost of living, and 3.

by the addition of two sums of money. The award also provided for the

justment of this amount according to the variations of an index figure for

n towns in South Australia. By an award made in a dispute which

quently arose, a single Judge of the Court awarded that the minimum

should be determined, for employees residing in a defined area, by relation

H.C. or A.

1933. we

AUSTRALIAN Workers' Union v% Common- WEALTH Raiwways Commis. SIONER.

HIGH COURT [19

to a composite index figure, to be ascertained by taking the index figure Port Augusta and also taking into account the prices of certain foodstuffs the railway stores, and, for the other employees, by relation to the in figure for Kalgoorlie. The award provided for the addition of one, but not the other, of the sums of money which had been specified in the prior award. 'The wage thus prescribed was less than that under the prior award. ;