High Court of Australia
—
8 CLR.) OF AUSTRALIA. £19
far as they apply to trade and commerce, as well as industry, H.O, oF A.
other than that referred to in sec. 51 (1); but that sec. 158 of ainsi the Act of 1908 is valid. Hupparr, Parker & Co. » PROPRIETARY Appeal of Huddart, Parker & Co. Propy. ae Lid. allowed. Mooxenean. Appeul of Appleton dismissed. eee
a Solicitors, for the appellants, Malleson, Stewart, Stawell & eee eD
Nankivell. Higgins J. Solicitor, for the respondent, C. Powers, Commonwealth Crown Solicitor. BL.
{HIGH COURT OF AUSTRALIA.]
THE KING v. THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION.
EX PARTE THE BROKEN HILL PROPRIETARY COM- PANY LIMITED.
THE COMMONWEALTH OF AUSTRALIA InteRvENING.
Jurisdiction of Commonwealth Court of Conciliation and Arbitration—Industrial YC, or A. dispute extending beyond the limits of one State—Undertaking carried on by 1909, one employer in (wo States—Relationship of employer and employé—Temporary = —~ cessation of work owing to dispute—Conditions precedent to jurisdiction— Sypxey, Acquiescence in jurisdiction by party seeking prohibition—Discretion of High April 14, 15, Court—Excess of jurisdiction—Matters not in dispute between the parties—Sub- 16, 19, 20, 21, mission of dispute by plaint—Prohibition quoad—Commonwealth Conciliation = and Arbitration Act 1904 (No. 13 of 1904), secs. 19 (b), 38 (u)—The Constitu- GrifithC.d.,
Lion (63 & 64 Vict c. 12), sec. 51 (wxav.), (xxxiz.). oe ee
Where the employés engaged in different branches of one industry carried on in different States by a single employer take concerted action in making a
H.C. or A,
1909. —=
Rex v. Com- MONWEALTH Court or Coxcrtia- TION AND ARBITRATION.
Ex parte Broken Hur, PROPRIETARY
Co. Lip
HIGH COURT (1909.
common demand of their employer for certain conditions of employment, and the employer, understanding that the demand is so made on behalf of all the employés, refuses to accede to it, there arises an ial dispute extending beyond the limits of one State within the meaning of sec. 51 (xxxv.) of the Constitution, cognizable by the Commonwealth Court of Conciliation and Arbitration.
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