Clancy v Butchers' Shop Employees Union [1904] HCA 9

State of at 3 10.LR.) OF AUSTRALIA.

(HIGH COURT OF AUSTRALIA.]

RICHARD CLANCY . i . : . APPELLANT ; AND

BUTCHERS' SHOP EMPLOYES UNION,

JAMES JOHN NEWS SECRETARY, cn ; RESPONDENTS

THE PRESIDENT AND MEMBERS OF THE COURT OF ARBITRATION, NEW SOUTH WALES ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Industrial

Industrial Arbitration Act (No. 59 of 1901), #8. 2, 13, 15, 26, 28, agreement—Industrial matter—Industry —Work done or to be done

Turisdiction

of Arbitration Court—Excess of jurisdiction—Prohibition—Shops—Hours of

dlosing—Keeping open after how: agreed upon—Barly Closing Act (No. 38 of 1899), 8. 1

Notwithstanding sec. 32 of the Industrial Arbitration Act prohibition will lie to the Court of Arbitration from the Supreme Court if it exceeds its jurisdiction.

Ex parte the Caterers and Restaurant Keepers Association, (1903) 3 .R. (N.S.W.), 19, so far as it decided that prohibition would lie to the Court of Arbitration, approved.

The term 'industrial matters," in sec. 2, includes only matters that directly affect the work actually dorie or provided by the employer to be done by the employé, or that relate to the mutual rights and privileges of employer and employé. It does not extend to all matters that indirectly affect or relate to an industry.

'The control or regulation of an employer's business after the hour at which the employés have left the place of employment for the day, as by making him close his shop to the public, is not an "industrial matter " within the meaning of sec, 2, and it does not become one by being treated as such in an agreement made between an union of employers and an union of employés for the purpose of settling

an industrial dispute.

H. C. or A. 1904.

é March 18, 21,

H.C. or A. 1904.

Craxey v. Borewers' Suor , Ewpioves Ustox, James Tous News Suorerary, AND THE PRESIDENT AND Menpers or HE Court or ARBITRA- miox, NS.W.