High Court of Australia
Peli,
Appl ppl. Fe Appl Victoria, Appl Mat Mane Pint Pintasoe ET ee, Blowin Hes
Cons
Robert 34 Expane parte ofvCommon- of Ausiralia Bank; v Westpac. OE AC 1) pane 1995) jankin Sipe 2002] 2 QdR CrimR 454 Young (1991) Were (1985) Wagner (1995) Fre ih of 896) 187 boo} frs"? (ge? 5 68 C.L.R.] OF AUSTRALIA. 87 [HIGH COURT OF AUSTRALIA.) PIDOTO AND OTHERS . % : . APPLICANTS ; AND THE STATE OF VICTORIA 3 . RESPONDENT. Constitutional Law—Defence—National security—Regulations—Validity—Industrial H. C. ow A. peace—Jurisdiction of Commonwealth Court of Conciliation and Arbitration— 1943. " Industrial dispute" —State public servants—Additional payment in respect of | ~~ work done on State holidays—Severability—The Constitution (63 & 64 Vict, MELBOURNE, ¢. 12), 88, 51 (vi.), (xaxv.), 106, 107—National Security Act 1939-1940 (No. 15 Ot. 6-8. of 1939—No, 44 of 1940), s. 5 (1)—Acts Interpretation Act 1901-1941 (No. 2 gypynv, of 1901—No. 7 of 1941), 8. 46 (b)—National Security (Industrial Peace) Regula- Dec, 9 tions (S.R. 1940 No. 190—1943 No. 156), regs. 3-5, 11—National Security : (Supplementary) Regulations, regs. 19*, 29+, 29at, 448. Tach: Btariee iernan and
Held, by Latham C.J., Rich, McTiernan and Williams JJ. :—
(1) that the terms of s. 51 (xxxv.) of the Constitution should not be construed as imposing limitations upon the defence power of the Commonwealth Parlia- ment ;
(2) that the exercise of control in relation to all industrial disputes and industrial unrest in war-time is within the defence power ;
(3) that the limitation in war-time of the number of holidays to be enjoyed by persons engaged in industry is within the defence power; and
(4) that such limitation may validly extend to State employees engaged in industry.
Regs. 3, 4, 5 and 11 of the National Security (Industrial Peace) Regulations are valid,
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