Amalgamated Society of Engineers Claimant; and Adelaide Steamship Company Limited [1920] HCA 54

[HIGH COURT OF AUSTRALIA.)

THE AMALGAMATED SOCIETY OF }

ENGINEERS Crammant ; AND THE ADELAIDE STEAMSHIP COMPANY LIMITED AND OTHERS . . . { Resronvenrs.

Constitutional Law—The Constitution—Rules of interpretation—Exemption of Crown in right of State—Implied prohibition—Rule in D' Emden v. Pedder—Reciprocal application of rule—State instrumentalities—Conciliation and arbitration— — —_ Power of Parliament of Commonwealth—Industrial operations carried on by Sypwi State—Industrial dispute—Jurisdiction of President of Commonwealth Court July of Conciliation and Arbitration—Commonwealth of Australia Constitution Act 28, (63 & 64 Viet. c. 1 ec. V.—The Constitution, secs. 51, 106-109—Common- wealth Conciliation and Arbitration Act 1904-1918 (No. 13 of 1904—No. 39 of Metnounse, 1918), sec, 4—State Trading Concerns Act 1916 (W.A.) (No. 12 of 1917). Aug. 31.

Held, by Knox C.I., Isaacs, Higgins, Rich and Starke 35. Gavan Duffy 3. yay dissenting), (1) that the Parliament of the Commonwealth has power, under Hegacs, Higgins, seo, 51 (xxxv.) of the Constitution, to male Jaws binding on the States with 'Rich and" respect to conciliation and arbitration for the prevention and settlement of ***® JJ- industrial disputes extending beyond the limits of one State ; (2) that a dispute between an organization of employees and a Minister of the Crown for a State acting under the authority of a statute of that State as an employer, which, if it existed between the organization and a private employer would be an "industrial dispute " within the meaning of sec. 51 (xxxv.) of the Constitution,

jis such an " industrial dispute."

H. C. or A. 1920.

26,

tug.

'The rules of construction to be applied in construing the Constitution are those applied by the Privy Council in Webb v. Outrim, (1907) A.C., 813 4

— G.LLR., 356, and Atiorney-General for Australia v. Colonial Sugar Refining Co., (1914) A.C., 237; 17 C.LR., 644.