R v Hamilton Knight; Ex parte Commonwealth Steamship Owners' Association [1952] HCA 38

High Court of Australia Dixon C.J. McTiernan, Williams, Webb, Fullagar and Kitto JJ. R v Hamilton Knight; Ex parte Commonwealth Steamship Owners' Association [1952] HCA 38

ORDER Order absolute for a writ of prohibition prohibiting further proceedings in respect of the matters raised by cl. 34 of the log of claims delivered by the Merchant Service Guild of Australasia and by cl. 39 of the log of claims delivered by the Australian Institute of Marine and Power Engineers. No order as to costs.

Cur. adv. vult.

The following written judgments were delivered:—

July 31 Dixon C.J.

This is an order nisi for a writ of prohibition directed to a conciliation commissioner.

The conciliation commissioner has before him two industrial disputes or alleged industrial disputes affecting the merchant service. One dispute arises from a log of claims served upon shipowners by the Merchant Service Guild of Australasia, which is a respondent to the order nisi. The other dispute arises from a log of claims served by the Australian Institute of Marine and Power Engineers, which also is a respondent to the order nisi. Each log contains claims for (1) pensions, (2) compensation for sickness and accident arising out of or in the course of the employment and (3) intervals off duty.

The purpose of the writ of prohibition that is sought is to restrain the conciliation commissioner from proceeding with the hearing of these claims on the ground that to make an award in respect of them is beyond his authority.

There is no substantial difference between the two logs in the manner in which the claims are respectively framed. It will be enough to deal with the material clauses as they stand in the log of the Merchant Service Guild.

1. Pensions. Clause 34 of that log is as follows:—

(a) An Agreement or an Award shall be made indeterminate so far as its duration is concerned, but subject to variation by mutual consent between the parties or by order of the Arbitration Court containing the undermentioned provisions for the payment of pensions.