Re Neil and Australian Theatrical and Amusement Employees Association; Ex parte Cinema International Corporation Pty Ltd [1976] HCA 11

High Court of Australia Gibbs, Stephen, Mason, Jacobs and Murphy JJ. Re Neil and Australian Theatrical and Amusement Employees Association; Ex parte Cinema International Corporation Pty Ltd [1976] HCA 11

ORDER Amend order nisi by adding after the words in the matter C. No. 2690 of 1974 the words in respect of the prosecutors. Order nisi as amended made absolute. No order as to costs.

Cur. adv. vult.

The following written judgments were delivered:—

1976, Mar. 25 Gibbs J.

The prosecutors seek the issue of a writ of prohibition directed to a member of the Australian Conciliation and Arbitration Commission prohibiting him from proceeding further in the matter of an alleged industrial dispute which is said to have resulted from the delivery of a log of claims by the Australian Theatrical & Amusement Employees Association ("the Association") and the failure of the prosecutors to comply with its demands. The log of claims was addressed to a great many respondents besides the prosecutors but the only question that now arises is whether there exists an industrial dispute between the Association and the prosecutors as to the rates of pay and conditions of employment applicable "in the film distribution area" as listed in Schedule F to the log. Some of the prosecutors carry on the business of the distribution throughout Australia of motion picture films for the exhibition in cinemas, halls and like places. It appears that two of the prosecutors do not themselves distribute films but have films distributed for them. However, the uncontradicted evidence shows that the prosecutors do not make or produce motion picture films—the films supplied to them, for use in their businesses, are made or produced by other companies, mostly outside Australia. The duties of the employees of the prosecutors include the obtaining of any necessary censorship and customs clearances, checking, examining, cleaning and splicing the films, advertising the films for hire, booking the dates on which the films are to be hired to exhibitors, negotiating and preparing contracts, despatching films to exhibitors and receiving them on their return. Some employees are employed as salesmen to promote the prosecutors' businesses by visiting cinemas, halls and such places. Others engage in clerical and managerial duties. None of the employees of the prosecutors is engaged in the making or producing of motion picture films. It was not suggested that any of the employees is engaged in the exhibition of motion picture films.