Harrison v Goodland [1944] HCA 41

-R.] OF AUSTRALIA. 509

{HIGH COURT OF AUSTRALIA] [ARRISON nee s 7 é d i . APPLICANT ;

AND

GOODLAND AND ANOTHER . A 4 . RESPONDENTS.

ealth Oourt of Conciliation and Arbitration—Orders not to be challenged H.C. or A. incourts other than High Court—Order interpreting award and ordering compliance 1944. —Conviction for breach of order—Appeal to High Court against conviction— = ~~ Challenge to validity of order in High Court on such appeal—Binding effect of S¥PN®Y. order—Representation of organizations by their members—Commonwealth Con. Dee.

ciliation and Arbitration Act 1904-1934 (No. 13 of 1904—No. 54 of 1934), Metzourxe, 88. 25, 29, 31 (1), 38 (c), (da), (0), (u), 44. Dec, 22.

The Commonwealth Court of Conciliation and Arbitration made an order fatham C.J, 'in proceedings in which an employer and a registered organization of boiler- Starke gud makers were parties interpreting an award pursuant to s. 38 (0) of the Common-

- wealth Conciliation and Arbitration Act 1904-1934 and, pursuant to s. 38 (da),

'ordering boilermakers employed by the employer to comply with the award.

__ H,, who was a member of the organization and a boilermaker employed by

_ the company, was convicted for a default in compliance with the order. In

n appeal to the High Court H. sought to challenge the validity of the order,

relying for the purpose on the exception in favour of the High Court in s. 31

of the Commonwealth Conciliation and Arbitration Act.

Haid, that the exception does not enable the validity of a subsisting order __ of the Commonwealth Court of Conciliation and Arbitration to be challenged in the High Court in an appeal against a conviction for a default in compliance "with the order,

Held, further, by Latham C.J. and Starke J., that the order applied to H. who was represented in the proceedings in which it was made by the organiza- 'tion of which he was a member. Per Dizon J.: To contend that H. was not bound by the relevant part of the order was inconsistent with its terms, and, therefore, to challenge it or call it in question.