R v Commonwealth Court of Conciliation and Arbitration [1942] HCA 39

Dow R : conch am ise 'onan: ep

neers,

'ae Coes

ng

488 HIGH COURT (1942.

[HIGH COURT OF AUSTRALIA.]

THE KING

AGAINST

COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION AND OTHERS ;

Ex parts THE STATE OF VICTORIA AND ANOTHER.

THE STATE OF VICTORIA AND ANOTHER . — Pratntires ;

AND THE COMMONWEALTH. a : 3 . DEFENDANT. H. C. or A. Tue Kiva v. ComMonweattH Court oF CONCILIATION AND ARBITRATION 3 1942 Ex parre VICTORIA.

Set National Security—Industrial peace—* Industrial matter ?—Meaning—Employment of State public serva nts—Commonwealth Conciliation and Arbitration Act 1904- 1934 (No. 13 of 1904—No. 54 of 1934), sec. 4—National Security Act 1939-1940 ' : (No. 15 of 1939—No. 44 of 1940), sec. 5—National Security (Industrial Peace) ee Regulations (S.R. 1940 No. 290), regs. 2, 3, 5, 9 Nov, 26.

dea as used in the National Security

MEL xBour

The expression "industrial matter," does not include questions relating to the

etna CS. (Industrial Peace) Regulations, Me'Piernan and employment of public servants of a State engaged in its ordinary governmental Williams JJ. departments.

Vicroria v, THE COMMONWEALTH.

Constitutional Law—Defence—Ambit of power of Commonwealth—State public servants not engaged in war work—Holidays and remuneration—National Security Act 1939-1940 (No. 15 of 1939—No. 44 of 1940), sec. 5 'ational Security

regulations (S.R, 1940 No. 126—1942 No. 2), reg. 29.

(Supplementary) Ri 9 and 10 of reg. 29 of the National Security (Supplementary) trol the holidays and remuneration e of Victoria who are not engaged are not within the ambit

Sub-regs. 8, Regulations, in so far as they purport to con of members of the public service of the Stat

in work associated with the prosecution of the war,

of the defence power of the Commonwealth,

66 C.L.R.] OF AUSTRALIA.

The matters of The King v. Commonwealth Court of Conciliation and Arbitration; Ex parte Victoria, wherein the State of Victoria and the Public Service Board of that State sought an order absolute prohibiting the Commonwealth Court of Conciliation and Arbitration and Judge Kelly from further proceeding with a reference to the Court by the Minister for Labour and National Service, and Victoria v. The Commonwealth, which was a demurrer to a statement of claim wherein the State of Victoria and the Attorney-General thereof sought declarations that certain Commonwealth regulations were invalid, were heard together. The provisions of the relevant regulations are set forth in the judgments hereunder.