Australian Iron and Steel Ltd v Dobb [1958] HCA 26

Rv Duncan; RV Marshall;

Troha Steel Plume ae) fis} TVR

Dist Aust itParte

HIGH COURT (1958.

[HIGH COURT OF AUSTRALIA.]

AUSTRALIAN IRON & STEEL LIMITED . APPELLANT ;

AND

DOBB AND ANOTHER é ; ' . RESPONDENTS.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A. Industrial Arbitration—Conciliation and arbitration—Industrial dispute—Indus-

1958. —

Sypney, April 1, 25

MELBouRNE, May 16,

Dixon 0.J., McTiernan, Webb, Fullagar and Taylor JJ.

trial matter—Coal-mine—Lmployee—Deputy—Il-health—Change of duties— Request by employee- Application for reinstatement to former duties as deputy—Control, management

Employment as surface labourer—Improvement in health—

and. direction of mine—Employment of employee—Responsibility—Manager— Competency —Certificate—Hmployee industrial association—Local Coal Author- ity—Bmployee—Fitness as deputy—Reinstatement—Award or order—Prohi- bition—Coal Industry Act 1946-1951 (N.S.W.), 88. 4, 37, 874, 39, 40, 42, 43, 43a, 44—Coal Industry Act 1946-1956 (Cth.), 88. 87, 87'—Coal Mines Regula- tion Act 1912-1953 (N.S.W.), #8. 4, 5, 54, 6—Judiciary Act 1903-1955, s. 38 (e).

Under the Coal Industry Act 1946-1951 (N.S.W.) a Local Coal Authority is

invested with power subject to certain exceptions to settle any local industrial

dispute or matter and to settle any dispute as to any local industrial matter likely to affect the amicable relations of employers in the industry and their employees.

The Coal Mines Regulation Act 1912-1953 (N.S.W.) provides by s. 4 that every mine shall be under the direction of a qualified manager, by s. 4a that such manager shall not be under the technical direction of any superior, and by s. 5 that the manager in every mine shall exercise daily supervision. Sec- tion 54 provides that every manager shall appoint in writing a competent person as mine deputy.