R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust) Ltd [1949] HCA 33

basic wage" and to add to it certain "loadings"; then provision was made for its periodical adjustment in accordance with a flat rate depending on index numbers relating to the cost of living in the six capital cities of Australia, A log of claims served by the employees on the employers and not acceded to created a new dispute in the industry. The employers in South Australia and Western Australia took out a summons in the Commonwealth Court of Conciliation and Arbitration applying for what the summons described as an order or award altering the basic wage applying in those States in the industry concerned in the dispute and/or the principles upon which such basic wage was computed. Particulars given in the summons asked that the figures to be applied for purposes of adjustment in the States concerned should be figures relating to variations in costs of living in Adelaide and Perth respec- tively—ice., that the award should apply differential rates instead of the flat rate in the current award. It was also asked that wages in provincial districts in the States concerned should be 38. below the rates in Adelaide

Ca a en a » Rly Moore: = eS pv ghne FORD Feder a se (isthe Aiketee — Gexeclyom LER" de CeiRbo®— ALIR 24 CER We GBS BALK Refi to Foll 'Apl rey RV Davis & Rass Rei Bx p WyethAusty 'HPts y WBOLR)] Hes Ga sTRALIA. Yipes frorglat 389 ato seo oer ALD of Ago seme" 109° 37 85 ALR 68 v. Appl licks v Aboriginal Atb33? (HIGH COURT OF AUSTRALIA.] THE KING against COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION ; Ex parte OZONE THEATRES (AUST.) LTD.

Industrial Arbitration (Cth.)—Commonwealth Court of Conciliation and Arbitration 1. C. or A. —Jurisdiction—* Altering . . . the basic wage or the principles upon 1949, which it is computed "—What constitutes such alteration—Mandamus command- —— ~~ ing court to hear application—The Constitution (63 & 64 Vict. c. 12), 68. 51 (xxxv.) MeLbounne, 15 (v.)}—Commonwealth Conciliation and Arbitration Act 1904-1948 (No. 13 ash reales of 1904—No. 65 of 1948), ss. 13, 25. "