R v Boot Trade Employes Federation [1910] HCA 33

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REPORTS OF CASES

DETERMINED BY THE

HIGH COURT OF AUSTRALIA

1910-1911.

(HIGH COURT OF AUSTRALIA.]}

THE KING

AND

THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION AND THE PRESIDENT THEREOF AND THE BOOT TRADE EMPLOYES FEDERATION.

EX PARTE WHYBROW & CO. AND OTHERS.

Commonwealth Conciliation and Arbitration—Power of Parliament—Validity of H.C. or A. Llegialation—'Arbitration," meaning of Jurisdiction of High Court—Severability 1910. —Prohibition—Award bad in part—Industrial dispute extending beyond the = ——~ limits of any one State—Evidence—Severability of claim—Validity of award— S¥DNEY, Award in respect of matter not claimed in plaint— Wages of apprentices—Dele- June 20, 21, gation of powers by Commonwealth Court of Conciliation and Arbitration to Gaserais 7 Board of reference—The Constitution (63 ae Gt Viet. c. 12), sees. 51 (xxxv.),71, Judy 1, 4, 5, 73, 75—Commonwealth Conciliation and Arbitration Act 1904 (No. 13 of 1904), 6, 7, 8, 10.

secs. 30, 31, 38 (f), (g)—Judiciary Act 1903 (No. 6 of 1903), secs. 31, 33,

¢ The Commonwealth Conciliation and Arbitration Act is not ultra vires the Pe reiaadenn Constitution, either on the ground that under that Act the reference to the Isaacs JJ. Court of Industrial Disputes is compulsory, or on the ground that the tribunal for the determination of such disputes is not chosen by the disputants,

Griffith ©.J., Barton,

Under the Constitution the only arbitral power which can be conferred upon the Commonwealth Court of Conciliation and Arbitration is a power of judicial determination between the parties to a dispute. S

H.C. or A.

1910. or Rex 2. Com- MONWEALTHEL Court or CONCILIATION AND ARBITRATION,