A.J. SWAIN AND CO. LTD. V. THE AUSTRALIAN SADDLERY, LEATHER, SAIL, CANVAS, TANNING, LEATHER DRESSING AND ALLIED WORKERS TRADES EMPLOYEES FEDERATION 12/1936

1H. J. Gunman, Government Printer, Melbourne,

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A.J .Swai Palmer & Preston Lid.

_The_Australian Saddlery, Leather, Sail, Canvas, Tanning, Leather Dressing and Allied Workers Trades Employees Federation,

REASONS FOR JUDGMENT.

i Lj Judgment delivered at__. Melbourne

on.

September, 1936.

A.J.SWAIN AND COMPANY LID, V, THE AUSTRALIAN SADDLERY ETC BMPLOYES FED'

COLTON PALMER & PRESTON LTD. V. DITTO. SUDGMENT STARKE J.

Summonses under sec, 214A of the Commonwealth Conciliation and Arbitration Act 1904-30 were issued by A.J,Swain and Co. Ltd. and Col- ton Palmer and Preston Ltd. respectively to determine the following ques— tions:

(1) Whether (so far as concerns the applicant) a certain alleged indus- trial dispute submitted to the Commonwealth Court of Conciliation and Arbitration by the said Federation on or about the 6th March 1936 in the proceedings numbered in that Court No 28 of 1936 or any part of such al- leged industrial dispute exists or is threatened or impending or probable as an industrial dispute extending beyond the limits of any one State, within the meaning of the Commonwealth Conciliation and Arbitration Act 1904-30. (2) Whether. ( so far as concerns the applicant) His Honour Chief Judge Dethridge had, at any relevant time, any jurisdiction to refer the said alleged industrial dispute to the Commonwealth Court of Conciliation and Arbitration, The Federation is registered under the Act as "The Australian Saddlery Leather Sail Canvas Tanning Leather Dressing and Allied Workers'Trades' Employees! Federation", and is known as The Leather Canvas and Allied Trades Federation, The Branches are composed of two sections in each State - (1) Saddlery Leather and Canvas section, (2) Tanning and Leather Dressing section, The Federation has obtained awards in each of these sections from the Axbitration Court, The Federation prepared a Log of Wages and Conditions of Work for employees engaged in the Saddlery Lea- ther and Canvas section of the industry, and served this log upon em- ployers in the States of Victoria, New South Wales, Queensland, South Australia, and Tasmania, The South Australian employers were served ear- ly in 1936, but did not accede to the log; the applicants on these sum- mate monses made no reply whatever to the demands served upon them. Chief Judge Dethridge summoned a compulsory conference under sec. 16A of the Act, but no agreement was reached, and, in pursuance of sec. 19(d) , the Chief Judge referred the dispute to the Arbitration Court, "that is to say the dispute existing between the said organisation and its members employees of the said employers of the one part, and the said employ- ers of the other part as to the matters set forth" in the Log of Wages and Sonditions of Work, As a matter of fact, the Federation ceased, in