Amalgamated Society of Engineers Claimant; and Adelaide Steamship Company Limited [1921] HCA 30

406 HIGH COURT

(HIGH COURT OF AUSTRALIA)

THE AMALGAMATED SOCIETY OF | ENGINEERS ees J

THE ADELAIDE STEAMSHIP COMPANY. LIMITED AND OTHERS . .. }

H.C. oF A, High Court—Appeal to Privy Council—Decision as to limite inter ae of constitu

1921. poreers of Commonwealth and States—Certifcate—The Conaitation (5 & = Viet 12), se. 74. July 28, 20; __ S74 of the Constitution provides that no appeal shall be permitted Mtug'1.* "the King in Council from a decision of the High Court upon any question — as to the limits inter se of the constitutional powers of the Commonwealth co 'and those of the States unless the High Court shall certify that the question 'gevar-Dait, ig one which ought to be determined by the King in Council, and that th ad'Siaixe33. High Court may so certify if satisfied that for any special reason the cert

should be granted Held, by Knox C.J., Higgins, Rich and Starke JJ. (Gavan Duffy and 4, dissenting) that 4 cetifiate under see. 74 of the Constitution should mat be granted in respect of the questions decided by the High Court in Amal gamated Society of Engineers v. Adelaide Steamship Co. Lda, 28 CLR, 1%

Moriows.

A plaint was, on 19th September 1919, filed by the Amalgamated Society of Engineers in the Commonwealth Court of Conciliation and Arbitration to which the Adelaide Steamship Co. Ltd. and large number of other employers, including the Minister for Tradit Concerns, Western Australia, were made respondents.

'On a summons taken out in the High Court by the 4 organization for an order under sec, 21aa of the Co

OF AUSTRALIA.

CLR.)

found and decided that an industrial dispute within the meaning of the Constitution and of the Commonwealth Conciliation and "Arbitration Act existed between the claimant and a large number ofthe respondents, and he reserved for further consideration the application so far as it concerned other respondents, including the Minister for'Trading Concerns, Western Australia; and on the applica- tion of the claimant he stated a special case for the opinion of the Full Court of the High Court as to whether an industrial dispute 'could exist between an organization of employees and the Minister for Trading Concerns, Western Australia. The case was heard by