R v Commonwealth Court of Conciliation and Arbitration [1943] HCA 29

67 C.L.R.] OF AUSTRALIA. 619

{HIGH COURT OF AUSTRALIA.]

THE KING AGAINST

COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION AND OTHERS ;

Ex parte THE AUSTRALIAN PAPER MILLS EMPLOYEES' UNION.

National Security — Industrial peace — " Industrial matter" — Existence — Mill H. ©. or A.

employees—Membership of industrial organizations—Dispute between rival 1943.

organizations—Award—Validity—Commonwealth Conciliation and Arbitration Mi

'Act 1904-1934 (No. 13 of 1904—No. 54 of 1934), «. 4 National Security S¥PNEY,

(Industrial Peace) Regulations (S.R. 1940 No. 290-1943 No. 40), regs. 5, 10, 4%9- 20-

13 (a). MELBOURNE, Oct, 21,

A company employed at its works members of the Australian Workers' Union (A.W.U.) and members of the Australian Paper Mills Employees' Union _ ich, (A.P.M.E.U.). For some time officials of the A.P.M.E.U. had canvassed wijike ind employees at the works to induce them to cease being members of the A.W.U. and to become members of the A.P.M.E.U., and they tried to induce the company to recognize the right of the A.P.M.E.U. to represent the industrial interests of the company's employees in lieu of the A-W.U. This was resented by many employees who were members of the A.W.U. and they went on strike. Pursuant to reg. 10 of the National Security (Industrial Peace) Regulations, the company, and later, the A.W.U., notified the Deputy Registrar of the existence of the strike. In its notification the A.W.U. sought orders from the Court that that union be granted the right to protect the industrial interests of the com- pany's employees at its works to the exclusion of the A.P.M.E.U. and that the A.P.M.E.U. and any person on its behalf be forbidden to continue to organize or further the interests of that union or any member thereof at the works or to induce any eniployee to cease to be a member of the A.W.U. The Court in an order recited the orders sought by the A.W.U. and declared that it was satisfied that the dispute was one proper to be dealt with in the interests of industrial peace and national security and that it had cognizance of the dispute pursuant to reg. 5 of the Industrial Peace Regulations. By clause 1 of the Court's award it