Federated Millers and Mill Employees' Association of Australasia v Butcher [1932] HCA 16

y Workers Union (1953) 88CLR 125

H.C. or A.

1932. we

Sypyey, May 11, 12.

Gavan Dufty C.J. Rich, Starke, Dixon, 'Evatt and McTiernan JJ.

BUTCHER AND OTHERS . y e 3 REsponpeEnNtTs.

HIGH COURT

(HIGH COURT OF AUSTRALIA.]

THE FEDERATED MILLERS AND MILL | EMPLOYEES' ASSOCIATION OF AUS- Appiicant; TRALASTA' "*, soitelbiniteaagtiiey Beaty |

Industrial Arbitration (Oth.)—Industrial dispute—Ambit of dispute—Employees' log of demands not conceded by employers—Dispute submitted to Court by plaint— Subsequent thereto two logs of demands served by employers on employees— * Subject to adjustments and necessary variations "—Difference in rates of wages and number of working hours per week—Demands not conceded by employees— Employers' logs referred into Court—Three applications heard together—One award—Whether separate disputes—Award varied by order of Court—Wages reduced by ten per cent—Resultant wages below rates shown in employers' logs as 1djusted—Validity of order—Commonwealth Conciliation and Arbitration Act 1904-1930 (No. 13 of 1904—No. 43 of 1930), secs. 16a, 19 (d), 24.

On 16th April 1926 an employees' organization served upon employers in the industry a log of demands for wages and conditions specifying the rates of wages sought for the various classes of work and demanding a working week of forty-four hours. The demands not having been conceded within the time stipulated, the organization treated the failure to do so as raising a dispute and on 27th May 1926 filed a plaint in the Commonwealth Court of Concilia- tion and Arbitration claiming the wages and conditions set out in the log, service of the plaint upon the employers being effected a few days afterwards. On 25th and 26th June 1926 respectively, two logs of demands were served upon the organization by two separate associations of employers. Both logs were similar in terms and were expressed to be "subject to the adjustments and necessary variations." Each log specified (inter alia) minimum rates of wages in the same amounts for the various classes of work, and each log stipulated for a working week of forty-eight hours, After an abortive conference both of such logs were, under sec, 19 (d) of the Commonwealth Conciliation and