McKernan v Fraser [1931] HCA 54

OF AUSTRALIA. 343

[HIGH COURT OF AUSTRALIA.)

NAN . n y ' 3 . . APPELLANT; _ DEFENDANT,

AND

ASER AND ANOTHER . : : . RESPONDENTS. ~ PLAINTIFFS,

ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA,

spiracy—Seamen " picked up" or selected for employment—Other seamen H. C. oF A. induced not to work with them—Whether " picking-up"' amounted to a contract 1931.

'of employment—Whether refusal to work with selected men constituted a strike =~ and was unlawful—Meaning of " strike" —Whether refusal to work was to MBLBOURNE, further men's own interests or to injure others—Industrial Code 1920 (S.A.) (No. Ort. 1,2. 1453), secs. 5, 100,

'The plaintiffs were members, but unfinancial members, of the Federated Dec. Seamen's Union, which was formerly registered under the Commonwealth Gavan putty Conciliation and Arbitration Act, and the defendant was the secretary of that gC} Web Union at Port Adelaide. 'Tho plaintiffs were desirous that the Union should ,, Evatt and," again become registered under that Act and refused to pay the contributions required by its rules until it again became a registered body. Further, the Plaintiffs promoted or at least joined another body known as the Australian Seamen's Union, which attempted to register itself under that Act. About January of 1929 the Adelaide Branch of the Seamen's Union resolved that members of that Union should refuse to sail with members who refused to pay their contributions, In May 1929 the Adelaide Steamship Co. " picked up" or selected the plaintiffs for engagement as greasers on the m.s. Manunda. The defendant then said in substance to the officer who had " picked up" or selected them :—" You can't sign them on. They are unfinancial. If you take these two men, the other crowd won't sign on." The representatives of the shipping company were prepared to allow the plaintiffs to sign the ship's articles, but after communication with the shipping company's head office the picking-up officer asked the six men who had been picked up with the 'plaintiffs whether they would sail if the plaintiffs signed on. The defendant