Australian Woollen Mills Limited v Commonwealth [1944] HCA 37

oi lianis

v

Corman, wa?

H. C. or A.

1944, —

Mutzovrys, Oct. 13, 16.

Sypyey, Dee. 11.

Latham ©.J., Rich, Starke, 'MeTiernan and Williams JJ.

HIGH COURT

(HIGH COURT OF AUSTRALIA.]

AUSTRALIAN WOOLLEN MILLS pe. Poa

AND OTHERS

AND

THE COMMONWEALTH AND ANOTHER ._ Derenpan

Constitutional Law—Defence—National security —Regulations—Validity—Co industry—Organization and distribution of man power—Increase of pay of females in industry—Comparison with other industries—Fa National interest—National Security (Female Minimum Rates) R (S.R. 1944 No, 108).

The National Security (Female Minimum Rates) Regulations make prov

and the Minister may then refer to the Commonwealth Court of Conciliati and Arbitration the question whether the minimum rates of pay for f employed in that industry are unreasonably low in comparison with minimum rates of pay for females employed in industries which are vital necessary during the war. The Court is required to consider whether it is the national interest, and fair and just, to increase minimum rates of p declared by it to be unreasonably low, and to determine what minimum r or amounts in addition to existing prescribed rates, should be paid.

Held, by Latham C.J., Rich, McTiernan and Williams JJ. (Starke J. senting), that the Regulations are within the defence power of the 0 wealth Parliament; by Latham and McTiernan J. on the ground they are a measure for the organization and distribution of man power the control of industry; by Rich and Williams JJ. on the ground control of employment in industry is at present within the defence p

DemurRER.

Australian Woollen Mills Ltd., a company incorporated in N South Wales, and other companies, some of which were incorpor in that State and others in other States of the Commonweal brought an action in the High Court against the Commonwe and the Minister of State for Labour and National Service. F the plaintiffs' statement of claim it appeared that each of the ple tiffs carried on business in some one or more of the industries describe in par. 15 of the statement of claim as set out hereunder. The ment of claim proceeded substantially as follows :—