Hillman v Commonwealth [1924] HCA 62

si

260 HIGH COURT '.

H.C. oF A. new legal argument in support of a ground taken is, in my 1924. ir "i always admissible and quite as much as a new legal ground Conen appellate decision of the Court. an The judgment should be affirmed and this appeal dis

Appeal dismissed with cos

Solicitor for the appellant, Z. R. Abigail. Solicitor for the respondent, B. 7. Heavener.

Dis Dist Refdto Gia Geiger" a, BG FELD Health Sorvi- REAR GORD ete (HIGH COURT OF AUSTRALIA.} HILLMAN rj 4 4 . . APPE PLaIntIFr, AND THE COMMONWEALTH . 3 i 4 . Respro DerFENDANT,

H.C. or A, Industrial Arbitration—Award—Award made binding on agency of Commo

1924, How far binding on Commonwealth—Transfer of activity to another ae, 'Successor—Commonwealth Conciliation and Arbitration Act 1904-1921 (\ Sypyey, of 1904—No. 29 of 1921), sec. 29. Aug. 21,22, re: at By an award of the Commonwealth Court of Conciliation and A it was provided that the award should be binding on the Naval B Starke J. Minister for Navy and the Minister for Defence.

Nov. 24, 25; Held, that the award was not binding upon the Commonwealth, Dec. 17. an original party to the award or by virtue of sec. 29 (ba) of the Comm Zeon Conciliation and Arbitration Act 1904-1921, in respect of employment in Isaacs and same activities subsequently carried on by the Commonwealth through

Gav é 'avan Duffy JJ. representatives than those named.

Decision of Starke J. affirmed.

5 O.L.R.] OF AUSTRALIA.

Apres from Starke J.

An action was brought in the High Court by Henry Hillman, on behalf of himself and all other members of the Amalgamated Engineering Union (Australian Section) employed at the Common- wealth dockyard, Cockatoo Island, affected by an award made by the Commonwealth Court of Conciliation and Arbitration on 14th June 1921 in a matter in which that Union (then the Amalgamated