Amalgamated Society of Engineers v Australasian Institute of Marine Engineers [1909] HCA 41

H.C. oF A. 1909. ~

MELBOURNE,

June 18.

HIGH COURT (1909,

(HIGH COUR? OF AUSTRALIA.]

THE AMALGAMATED SOCIETY ree APPLICANTS;

ENGINEERS

AND

THE AUSTRALASIAN INSTITUTE ot ResponpEnTs,

MARINE ENGINEERS

© Industry," meaning of—Shipping "industry" —Marine engineers—Registration —Commonwealth Conciliation and Arbitration Act 1904 (No. 13 of 1904), secs. 4, 55 (1).

The shipping industry is an 'industry " within the meaning of sec, 55 (1) of the Commonwealth Conciliation and Arbitration Act 1904,

An association of marine engineers may properly be registered under that seetion as an organization in connection with the shipping industry.

Cask stated by the President of the Commonwealth Court of Conciliation and Arbitration.

On an application by the Amalgamated Society of Engineers to the Commonwealth Court of Conciliation and Arbitration for the cancellation of the registration of the Australasian Institute of Marine Engineers as an organization of employés, the Presi-

dent stated the following case for the opinion of the High ©

Court :—

"The abovenamed Institute was registered on 20th June 1906 as an organization of employés in 'connection with the shipping industry.' The abovenamed Society had been registered in 1905 as an organization of employés in connection with the engineer- ing industry. 'i

"The Society applied to the Registrar on 4th May 1909 for the cancellation of the registration of the Institute, and the Registrar

TP ee ee Oo Eh

9 CLR] OF AUSTRALIA.

refused. The Society thereupon made an application to this Court under sec. 60 (3) of the Commonwealth Conciliation and Arbitration Act 1904. The application is based on numerous

grounds; and I have decided against the application on all the *

grounds except such grounds as involve the questions hereinafter set forth—questions arising in the proceedings which, in my opinion, are questions of law. If and so far as the matter rests in my diseretion, I exercise my discretion against the applicants on the excepted grounds also."