High Court of Australia
Appl Ry !
Bicaustasy BER Reg, 'SP, A
Seis Ree, Meee Soom 'v Gill (1!
7} Oak WHER?
Appl 'DeAngelis v DeAngelis
466 ke fs3 HIGH COURT (1926,
(HIGH COURT OF AUSTRALIA.)
CLYDE ENGINEERING COMPANY LIMITED. Apprttant;
DEFENDANT, AND COWBURN . F Pens A : . « ReEsponpenr. PLAINTIFF, ' ' METTERS LIMITED . 5 ' 5 . .« APPELLANT; DEFENDANT, AND PICKARD tere. : . : . . . RESPONDENT. InFoRMANT, LEVER BROTHERS LIMITED . . . . APPELLANT; DEFENDANT, AND PICKARD . . . . . . «. . RxEPONDERIE InrorMANT, 3
ON APPEAL FROM A COURT OF PETTY SESSIONS AND THE CHIEF INDUSTRIAL MAGISTRATE'S COURT OF NEW SOUTH WALES.
H.C. or A, Constitutional Law—Conflict between Federal and State laws—Test of inconsistency—
1926, Validity of State Act—Industrial arbitration—Federal award—Minimum wages aS —Maximum hours—Overtime payment—State Act enacting forty.four hours Mexpourne, — week—The Constitution (63 & 64 Vict. c. 12), secs. 61 (xxxv.), 109—Common- Mar. 9-12, wealth Conciliation and Arbitration Act 1904-1921 (No. 13 of 1904—No. 29 of 15-16. 1921), secs. 4, 24, 28, 29, 30—Forty-four Hours Week Act 1925 (N.S.W.) (No. SypNEy, 16 of 1925), secs. 6*, 12%, 13%, 14, April 19. x phe Forty-four Hours Week Act dustrial Arbitration Act 1912 (N.S.W.))
Ty, 1925 (N.S.W.), by sec. 6, provides that "applies shall be as prescribed. in or Te Givins, "(1) 'The ordinary working hours in Bie ariogeri ey Gavah Duffy." all industaies other than coal mining directions shall be observed by the Court Powers, Rich and shipping, with respect to vessels and the boards in making awards, and
trading beyond the limits of a port, by the parties in making agreements— to which the Principal Act" (the Jn: (a) In all industries subject to the
OF AUSTRALIA.
Held, that, when an award has been made by the Commonwealth Court H. C. or A. of Conciliation and Arbitration pursuant to the Commonwealth Conciliation 1926. and Arbitration Act 1904-1921, the Parliament of a State cannot alter the eee terms of the award or confer or impose on the parties to it rights or obligations Ba al which are inconsistent with such terms. fae
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