Case

Updated time

Last updated

08 July 2016

1929 Schoolteachers' Case

The Federated State School Teachers' Association of Australia v The State of Victoria & Others (Schoolteachers’ Case) (1929) 41 CLR 569 – Knox C.J., Isaacs, Gavan Duffy, Rich and Starke JJ., Judgment, 22 April 1929

In order to determine what constitutes an industrial dispute the High Court decides that 2 steps must be followed:

  1. did the dispute occur within an 'industry', and
  2. did the dispute concern an 'industrial matter'?

The Court rules that state schoolteachers are not engaged in industry as their occupation is not of an industrial nature so there is no industrial dispute. This means the union cannot obtain a federal award.