Boilermakers' Society of Australia

Last updated

Boilermakers' Society of Australia
Formation1937
Location
  • Australia

The Boilermakers' Society of Australia was a trade union in Australia which existed from 1911 until 1965. [1]

It was established as the Federated Society of Boilermakers & Iron Shipbuilders of Australia in 1911, operating as a federation of pre-existing state unions. [2] The union attained federal registration on 30 November 1911. [3]

The union had an early dispute with the Federated Ironworkers' Association of Australia before it had even attained federal registration, unsuccessfully opposing the Ironworkers' registration by arguing that the Boilermakers' in fact represented more iron workers and citing concerns that the Ironworkers' registration might prevent other iron workers' unions, including their own, from registering. [2] It did, however, obtain a condition that no mechanic who was eligible to join the Boilermakers' Society could join the Ironworkers' Association. [4]

The union was renamed the Federated Society of Boilermakers, Iron Shipbuilders & Structural Iron & Steel Workers of Australia in 1929 and again to the Boilermakers Society of Australia in 1937. [1] [5] [6]

In 1956, the union challenged a punitive decision from the Commonwealth Court of Conciliation and Arbitration in the High Court of Australia in the case of R v Kirby; Ex parte Boilermakers' Society of Australia. The union won, resulting in the powers of the Commonwealth Court of Conciliation and Arbitration being found to be unconstitutional and the subsequent abolition and replacement of the Court, in a particularly important case for the determination of the separation of powers in Australia. [7]

It merged with the Blacksmiths' Society of Australia in 1965 to form the Boilermakers and Blacksmiths Society of Australia. [1] [8]

See also

Related Research Articles

In law, ex parte is a Latin term meaning literally "from/out of the party/faction of", thus signifying "on behalf of (name)". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present. In English law and its derivatives, namely Australian, New Zealand, Canadian, South African, Indian, and U.S. legal doctrines, ex parte means a legal proceeding brought by one party in the absence of and without representation of or notification to the other party.

The 1913 Australian referendum was held on 31 May 1913. It contained six referendum questions and was held in conjunction with the 1913 federal election.

<i>R v Kirby; Ex parte Boilermakers Society of Australia</i> Judgement of the High Court of Australia

R v Kirby; Ex parte Boilermakers' Society of Australia, known as the Boilermakers' Case, was a 1956 decision of the High Court of Australia which considered the powers of the Commonwealth Court of Conciliation and Arbitration to punish the Boilermakers' Society of Australia, a union which had disobeyed the orders of that court in relation to an industrial dispute between boilermakers and their employer body, the Metal Trades Employers' Association.

<i>Harvester case</i> Australian labour law decision

Ex parte H.V. McKay, commonly referred to as the Harvester case, is a landmark Australian labour law decision of the Commonwealth Court of Conciliation and Arbitration. The case arose under the Excise Tariff Act 1906 which imposed an excise duty on goods manufactured in Australia, £6 in the case of a stripper harvester, however if a manufacturer paid "fair and reasonable" wages to its employees, it was be excused from paying the excise duty. The Court therefore had to consider what was a "fair and reasonable" wage for the purpose of the act.

<span class="mw-page-title-main">Commonwealth Court of Conciliation and Arbitration</span> Australian court (1904 to 1956)

The Commonwealth Court of Conciliation and Arbitration was an Australian court that operated from 1904 to 1956 with jurisdiction to hear and arbitrate interstate industrial disputes, and to make awards. It also had the judicial functions of interpreting and enforcing awards and hearing other criminal and civil cases relating to industrial relations law.

<i>New South Wales v Commonwealth</i> (1915)

New South Wales v Commonwealth, commonly known as the Wheat case, or more recently as the Inter-State Commission case, is a landmark Australian judgment of the High Court made in 1915 regarding judicial separation of power. It was also a leading case on the freedom of interstate trade and commerce that is guaranteed by section 92 of the Constitution.

<span class="mw-page-title-main">Federated Ironworkers' Association of Australia</span>

The Federated Ironworkers' Association of Australia (FIA) was an Australian trade union which existed between 1911 and 1991. It represented labourers and semi-skilled workers employed in the steel industry and ironworking, and later also the chemical industry.

The Federated Moulders' (Metals) Union of Australia (FMMUA) was an Australian trade union which existed between 1899 and 1983. It represented moulders – skilled tradesmen who fabricated the moulds for casting metal products in foundries. In spite of only organising within a single skilled occupation, which kept total membership low, the vital position of moulders in major industries such as mining, manufacturing and the railways, ensured that the union remained industrially powerful with a reputation for being highly militant.

<i>Waterside Workers Federation of Australia v J W Alexander Ltd</i> 1918 judgement in Australian law

Waterside Workers' Federation of Australia v J W Alexander Ltd is a landmark Australian judgment of the High Court made in 1918 regarding judicial power of the Commonwealth which established that Chapter III of the Constitution required judges to be appointed for life to a specific court, subject only to the removal provisions in the constitution. The majority of the High Court held that because the President of the Commonwealth Court of Conciliation and Arbitration was appointed for seven years and not life as required by s 72 of the Constitution, the Arbitration Court could not exercise judicial powers of the Commonwealth.

The Commonwealth Bank Officers' Association was an Australian trade union, comprising staff of the Commonwealth Bank of Australia. It was established in 1930 and continued until 1993 when combined with another sector union to form the Finance Sector Union in a wider process of union amalgamation in Australia at that time.

<i>Federated Amalgamated Government Railway & Tramway Service Association v NSW Rail Traffic Employees Association</i> Judgement of the High Court of Australia

Federated Amalgamated Government Railway & Tramway Service Association v NSW Rail Traffic Employees Association, known as the Railway Servants Case, is an early High Court of Australia case that held that employees of State railways could not be part of an interstate industrial dispute under the conciliation and arbitration power, applying the doctrine of "implied inter-governmental immunities". The doctrine was emphatically rejected by the High Court in the 1920 Engineers' Case, and in 1930 the High Court upheld the validity of an award binding on state railway authorities.

The Australasian Society of Engineers (ASE) was an Australian trade union active from 1890 to 1991. It was eventually incorporated into the Australian Workers' Union (AWU).

<i>R v Commonwealth Court of Conciliation and Arbitration; Ex parte BHP</i> Judgement of the High Court of Australia

R v Commonwealth Court of Conciliation and Arbitration; Ex parte BHP, was an early decision of the High Court of Australia concerning the jurisdiction of the Commonwealth Court of Conciliation and Arbitration in which the High Court controversially, granted prohibition against the Arbitration Court to prevent it from enforcing aspects of an industrial award. The High Court held that the Arbitration Court had gone beyond settling the dispute that had been submitted to it and in doing so had made a jurisdictional error.

<i>Australian Boot Trade Employees Federation v Whybrow & Co</i> Judgement of the High Court of Australia

Australian Boot Trade Employees Federation v Whybrow & Co, commonly known as Whybrow's case or the Boot Trades case, was the third of a series of decisions of the High Court of Australia in 1910 concerning the boot manufacturing industry and the role of the Commonwealth Court of Conciliation and Arbitration in preventing and settling industrial disputes. In doing so the High Court considered the constitutional power of the Federal Parliament to provide for common rule awards and the jurisdiction of the High Court to grant prohibition against the Arbitration Court. The majority held in Whybrow that the Arbitration Court could not make an award that was inconsistent with a State law, but that different minimum wages were not inconsistent as it was possible to obey both laws. In Whybrow the High Court established the doctrine of ambit, with the emphasis on the precise claim made and refused, and the practice with respect to "paper disputes" being treated "prima facie as genuine and real", with the majority holding that the High Court had power to order prohibition to correct jurisdictional error as part of its original jurisdiction. Finally in Whybrow the High Court unanimously held that the Federal Parliament had no constitutional power to provide for common rule awards.

<i>Federated Sawmill Employees Association v James Moore & Sons Pty Ltd</i> Landmark Australian court case

Federated Sawmill Employees Association v James Moore & Sons Pty Ltd, commonly known as the Woodworkers case or the Sawmillers case was a decision of the High Court of Australia in 1909 concerning the question whether the Commonwealth Court of Conciliation and Arbitration could make an award that was inconsistent with a State wages board determination. The High Court was divided 2:2 and thus the decision of the Chief Justice prevailed, in what is sometimes described as a statutory majority. Griffith CJ, O'Connor J agreeing, held that the Arbitration Court could not make an award that was inconsistent with the minimum wages fixed by a Wages Board under a State law.

<span class="mw-page-title-main">Commonwealth Industrial Court</span> Former Court of Australia, replaced by the Federal Court of Australia

The Commonwealth Industrial Court, known as the Australian Industrial Court from 1973, was a specialist court to deal with industrial matters, principally the enforcement of awards and orders of the Commonwealth Conciliation and Arbitration Commission. Over time it took on more matters and its judges were allocated a wide range of judicial tasks until it was replaced in 1977 by the Federal Court of Australia which had a more general jurisdiction covering matters arising under Australian federal law.

The Australian Tramway and Motor Omnibus Employees' Association was an Australian trade union, in operation from 1910 to 1950 and from 1950 until 1993. It was founded as the Australian Tramway Employees Union, but was renamed to include bus employees in 1934.

The Boilermakers and Blacksmiths Society of Australia (BBS) was an Australian trade union representing boilermakers and blacksmiths between 1965 and 1972.

The Blacksmiths' Society of Australia was an Australian trade union which existed from 1911 to 1965.

References

  1. 1 2 3 "Boilermakers Society of Australia (1937 - 1965)". Australian Trade Union Archives. Retrieved 26 December 2022.
  2. 1 2 "RIVAL TRADE UNIONS". The Mercury . Vol. XCV, no. 12, 737. Tasmania, Australia. 19 January 1911. p. 5. Retrieved 26 December 2022 via National Library of Australia.
  3. "FAILURE OF THE FEDERAL AWARD". Daily Herald . Vol. 3, no. 652. South Australia. 6 April 1912. p. 10. Retrieved 26 December 2022 via National Library of Australia.
  4. "IRONWORKERS REGISTERED". Geelong Advertiser . No. 19, 984. Victoria, Australia. 4 May 1911. p. 4. Retrieved 26 December 2022 via National Library of Australia.
  5. "NOTICE OF APPLICATION FOR THE CHANGE OF NAME OF AN ORGANIZATION". Commonwealth of Australia Gazette . No. 11. Australia, Australia. 31 January 1929. p. 150. Retrieved 26 December 2022 via National Library of Australia.
  6. "NOTICE OF APPLICATION FOR THE CHANGE OF NAME OF AN ORGANIZATION". Commonwealth of Australia Gazette . No. 29. Australia, Australia. 10 June 1937. p. 964. Retrieved 26 December 2022 via National Library of Australia.
  7. R v Kirby; Ex parte Boilermakers' Society of Australia [1956] HCA 10 , (1956) 94 CLR 254 Icons-mini-file acrobat.gif , High Court (Australia).
  8. "Boilermakers' warning". Tribune . No. 1428. New South Wales, Australia. 6 October 1965. p. 3. Retrieved 26 December 2022 via National Library of Australia.