High Court of Australia
H.C. ov A. 1916.
ay) MErBoURNE, Sept. 8.
Griffith ©, i
HIGH COURT [1916.
(HIGH COURT OF AUSTRALIA.]
THE WATERSIDE WORKERS' FEDERA- } CoMPLAINANTS ;
TION OF AUSTRALIA
AGAINST
THE COMMONWEALTH STEAMSHIP } Responvents.
OWNERS' ASSOCIATION AND OTHERS
Ex parre THE COMMONWEALTH STEAMSHIP OWNERS' ASSOCIATION AND OTHERS.
Industrial Arbitration—Award—Breach—Minimum wages—Refusal to accept employment—Commonwealth Conciliation and Arbitration Act 1904-1915 (No. 13 of 1904—No. 35 of 1915), sec. 48.
Where an award of the President of the Commonwealth Court of Con- ciliation and Arbitration provided that the minimum wages to be paid to members of a certain organization of employees by employers who were bound by the award should be at a certain rate per hour, but did not impose upon the employees any obligation to accept employment,
Held, that it was not a breach of the award for members of the organization of employees to refuse to accept employment.
CasE STATED.
On a plaint in the Commonwealth Court of Conciliation and Arbitration by the Waterside Workers' Federation of Australia against the Commonwealth Steamship Owners' Association and a number of other persons, firms and companies who were owners of steamships, the President made an award on Ist May 1914 and orders varying it on 18th December 1915 and 23rd June 1916. On an application by the Commonwealth Steamship Owners'
OF AUSTRALIA.
ation and certain of its members against members of the Federation to compel compliance with the award, the President stated a case for the opinion of the High Court which was guby stantially as follows :—
1, An application has been made by the above-named Association and certain of its members against members of the above-named _ Federation at Mackay to compel compliance with an award made in this dispute.
_ 2. The award was made on Ist May 1914, and orders were made varying it on 18th December 1915 and 23rd June 1916.
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