High Court of Australia
fy {Jo HO / 49
STRY EMPLOYS' UNION V. THE MASTER
Dire AUSTRALASTAN MEAT INI
BUTCHERS' MAT AND ALLIED TRADES FEDERATION OF AUSTRALIA,
JUDGMENT. EVATT Je
On March 27th 1930 the respondent Federation, which had previously obtained registration as an organization of employers under the Commonwealth Conciliation and Arbitration Act, submitted to the Commonwealth Court of Conciliation and Arbitration, by plaint, an alleged industrial dispute with the applicant organization, which was also registered as an employees! organization under the Act. The procedure adopted by those acting for the Federation was in accordance with sec. 19 (b) of the Act, The plaint alleged a dis- pute between the parties as to the rated of wages to be paid and the terms and conditions of employment to be granted to members of the employees! organization in the employ of the members of the claimant organization, The industry was that of retail butchering, and the States of the Commonwealth to "which the dispute was alleged to extend were New South Wales and Queensland, The plaint was signed by Fred Paul as Federal President and A, G. Shand as Federal secretary of the Federation.
The hearing of the plaint did not commence until June 9th 1931 before E, H. Coneybeer Esq., Conciliation Commissioner, who had been appointed as such after the 1930 Amendment of the Ped- eral Act. The question of the existence of the industrial dispute described in the plaint was raised at an early datage before the Commissioner, and certain witnesses gave evidence as to the facts. On June 12th the Commissionef said that he had considered the object- ions raised, which included that relating to jurisdiction,and he was inclined to the view that he should proceed with the hearing of the claims. Evidence was led accordingly and, on August 14th last, the Commissioner said "I propose merely to read my judgment today. There will be no discussion this afternoon as to the minutes of the award, as I have another matter on at 3 p.m., but I will fix a date next week before my return to Melbourne for the purpose of settling the award. This will give all parties time in which to peruse thé judgment and the proposed award." (P. 701).
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