Case

Updated time

Last updated

08 July 2016

1910 Whybrow Principle

The Australian Boot Trade Employees’ Federation v Whybrow & Co & Others (Whybrow Principle) (1910) 11 CLR 311 – Griffith C.J., Barton, O'Connor, Isaacs and Higgins JJ., Judgment, 10 October 1910

The High Court rules as invalid a provision of the Conciliation and Arbitration Act 1904 authorising the Commonwealth Court of Conciliation and Arbitration to make 'common rule' awards. The Court holds that the Arbitration Court lacks jurisdiction to make such an award because an 'industrial dispute' under s.51(xxxv) of the Constitution is one constituted by individual parties with specific differences. The case arose after a union applied to the Arbitration Court to declare a certain award to be a 'common rule' throughout 5 of the 6 states.