H V McKay Massey Harris Pty Ltd v Commonwealth [1944] HCA 38

69 C.L.R.] OF AUSTRALIA. 501

{HIGH COURT OF AUSTRALIA.)

PLAINTIFF ;

Y. McKAY MASSEY HARRIS PRO- PRIETARY LIMITED ... ped ig

AND

COMMONWEALTH AND ANOTHER . DrFenpants.

titutional Law—Defence—National security—Regulations—Validity—Control of H. C. or A. 'industry—Persons employed in establishment engaged wholly or partly in produe- 1944,

| tion for defence purposes—Additional holiday pay—National Security (Supple- ~~

mentary) Regulations (S.R. 1943 Nos, 290, 307 ; 1944 No. 92), reg. 118 (38), (3c). MELBOURNE,

. 16. Sub-regs. 38 and 3c of reg. 118 of the National Security (Supplementary)

Regulations provided for additional payment in respect of two holidays to S¥DNEY, persons employed in establishments engaged in production for war or defence Dec. 11. Purposes or in the repair or overhaul of munitions of war, even if those persons y stham o.,

ve i i i r over! Rich, Starke, were not themselves actually engaged in such production, repair or overhaul, ,/Hich, Stari,

Held, by Latham C.J., Rich, McTiernan and Williams JJ. (Starke J. dis. Wiliams JJ. senting), that sub-regs, 3n and 3c are within the defence power of the Common- wealth Parliament.

Australian Woollen Mills Ltd. v. The Commonwealth, ante, p. 476, followed.

HL Vv. McKay Massey Harris Pty. Ltd. brought against the ommonwealth and the Federal Agricultural Implement and Stove- akers Porcelain Enamellers and Ironworkers Association of Aus- a an action in the High Court in which the statement of claim s substantially as follows :—

ii . The plaintiff is a company duly incorporated in the State of oria and carries on business at Sunshine, Victoria, and elsewhere

. The plaintiff carries on an establishment, factory or syworkshop i Sunshine aforesaid which at all material times was engaged partly

502 HIGH COURT [194

H.C. or A. of munitions of war within the meaning of reg. 118 of the National 14. Security (Supplementary) Regulations. ' 3. At all material times certain members of the defendant union — were employed at the said establishment, factory or workshop by _ the plaintiff who were not employees as defined in sub-reg. 4 0 reg. 118 of the National Security (Supplementary) Regulations were not employed in administrative and executive capacities 0