Australian Railways Union v Victorian Railways Commissioners [1930] HCA 52

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44. C.L.R.] 0717? OF AUSTRALIA. 319

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Industrial Arbitration—Appointment of Conciliation Committees—Validity—Fune- ¥, 0, or A. tions and powers—* Arbitration "—Commissioners of State railways—Awards of 1930. Commonwealth Court of Conciliation and Arbitration—Salaries, wages and = ~~ allowances prescribed by awards—Parliamentary appropriation therefor—Con- MELBOURNE, stitutional law—State railoays—Commonwealth Conciliation and Arbitration Act Oct. 22-24, 31. 1904-1930 (No, 13 of 1904—No. 43 of 1930), secs. 18c, 214a, 24, 33, 34, gyonny, 38 (oa)—Aects Interpretation Act 1901-1930 (No. 2 of 1901—No. 23 of 1930), vy, 19.21; sec, 154—The Constitution (63 & 64 Vict. c. 12), secs. 51, 98, 102, 104. Dec. 1, 8.

Practice —Summons—States interested but not parties thereto—Intervention—Leave 1aa0s 04 (o appear refused. ich, Starke and Dixon JJ.

Held, by Rich, Starke and Dixon JJ., (1) that a law which established a body of persons to settle a dispute by issuing a decree arrived at by discussion amongst themselves without any hearing or determination between the disputants as the Commonwealth Conciliation and Arbitration Act 1904-1930, by sec, 34 (8-12), purported to do, was not a law with respect to concilia- tion and arbitration for the prevention and settlement of industrial disputes, and was not authorized by sec. 51 (xxxv.) of the Constitution, and there- fore such sub-sections were invalid; (2) that, as all material provisions of see. 34 were invalid, sec, 33, which was inseparable from such provisions. was also invalid ; (3) that the provisions of secs. 33 and 34 form a single legis- lative enactment which must be wholly good or wholly bad, and hence was not affected by the provisions of sec. 15a of the Acts Interpretation Act 1901-1930.