High Court of Australia
\ : ; app!. 76 ALR2.
Cas 11) CLR 232. Appi 111 CLR 232.
91 C.L.R.] OF AUSTRALIA. 159
(HIGH COURT OF AUSTRALIA.]
THE QUEEN
AGAINST
THEIR HONOURS RICHARD CLARENCE KIRBY, EDWARD ARTHUR DUNPHY AND SIR EDWARD JAMES RENEMBE MORGAN, JUSTICES OF THE COMMON- WEALTH COURT OF CONCILIATION AND ARBITRA- TION, AND ANOTHER ;
Ex parte THE TRANSPORT WORKERS' UNION OF
AUSTRALIA. Industrial Arbitration (Cth.)—Inter-State industrial dispute—Ambit—Award— yy. C. or A. Agreement certified by conciliation commissioner—Application to Court to vary 1954. —Admission of absence of inter-State industrial dispute prior to certificatiom— = \~
Conclusiveness—V alic
y of award—Prohibition—In respect of enforcement of MELBOURNE, agreement—Not merely in respect of order varying—Parties—Delay, etc., in Feb. objecting to validity of award—Conciliation and Arbitration Act 1904-1947 (No. 13 of 1904—No. 52 of 1947), ss. 16 (1), 37, 48, 49.
Sypyey, April 23.
Section 37 of the Conciliation and Arbitration Act 1904-1947 makes provision pico, G,y
for the certifying, by the court or a conciliation commissioner, of agreements, WEDD, reached as to the whole or any part of a dispute and provides that upon pail certification, the agreement " shall, as between the parties to the agreement 4 . .. have the same effect as, and be deemed to be, an award for all the purposes of this Act". Section 16 (1) of the same Act provides that " An award or order of a Conciliation Commissioner shall not be challenged, appealed against, reviewed, quashed, or called in question, or be subject to prohibition, mandamus or injunction, in any Court on any account what-
ever".
Anemployer applied to the Arbitration Court, in October 1953, for an order varying an agreement, made by it with a union on 24th October 1947, and certified by a conciliation commissioner, pursuant to s. 37 of the Act, on 8th December 1947 . The circumstances surrounding the making of this agreement were not clear, including the circumstance whether the union had served on the particular employer, as it had on other employers, a log containing, inter alia, a demand that " the minimum weekly wage to be paid to the following
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