High Court of Australia
H.C. or A.
1958. —
Sypyey,
Aug. 12, 13.
Dixon C.5., McTiernan,
'Taylor and'
'Menzies JJ.
HIGH COURT
[HIGH COURT OF AUSTRALIA.]
THE QUEEN
AGAINST
HALL AND OTHERS ; Ex parte COMMISSIONER FOR RAILWAYS (N.S.W.)
Industrial Law (Cth.)—Conciliation and arbitration—Award—Variation—C tion commissioner—Long service teave—Dismissed employees—Payment— vision in statute and award—Effect—Batension of benefits by statute—Powers Competence of commissioner—Prohibition—Conciliation and Arbitration 4 1904-1951, ss. 13, 16 ; 1904-1956, s. 58—The Constitution (63 & 64 Vict. c.
51 (wxzv.), 109—Government Railways Act 1912-1950 (N.S.W.), 8. 100
Railways Trafic, Permanent Way and Signalling Wages Staff Award (30
September 1952), cl. 63 (c).
'The Railways Traffic, Permanent Way and Signalling Wages Staff Awan 1952, made by a conciliation commissioner, provides by cl. 63 as follows . (c) Payment for any holidays or leave standing to an employee'
and long service leave due under the Government Railways Act shall be in each case where an employee resigns, retires, dies or is dismissed as follows (i) In the case of resignation, retirement or dismissal—to the employee. (ii) the case of death—to the employee's widow, or if he does not leave a widow, his legal personal representative."
Held, that the sub-clause does not attempt to interfere with the power the State to legislate with respect to long service leave, nor does it go beyon the scope of the authority of a conciliation commissioner considered a8 person exercising power pursuant to s. 51 (xxxv.) of the Constitution. sub-clause gives no right to long service leave but in effect expresses a princiy to be applicable to resignation, retirement, dismissal or death of an employ to whom long service leave has accrued.
Orver Nist for Pronterrion.
Upon application made on 5th May 1958 on behalf of the missioner for Railways (N.S.W.) Taylor J. granted an order directed to Vivian Gerald Hall, a former conciliation comn appointed under the Conciliation and Arbitration Act 1904-195 Leslie Paul Austin, a commissioner appointed under the Conc tion and Arbitration Act 1904-1956, and The Australian Raily Union and The National Union of Railwaymen of Australia,
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