Australian Commonwealth Shipping Board v Federated Seamen's Union of Australasia [1925] HCA 27

é Mek, 'Ex Y None + eee be : & " § Nonhern Norther ma Re ge a SE a erie 416 ALIR 283 13 QO 8F Appl Appl 442 Bre 000, fer, HIGH COURT . 29 Restaurants 7 ee pie iris

{HIGH COURT OF AUSTRALIA.)

THE AUSTRALIAN COMMONWEALTH )

SHIPPING BOARD AND ANOTHER \ — APPLICANTS;

THE FEDERATED SEAMEN'S UNION : ReEsPonpDENT.

OF AUSTRALASIA

H.C. or A, Industrial Arbitration—Commonwealth Court of Conciliation and Arbitration—

1925. Jurisdiction—Deregistration of organization—Powers of Parliament—Ultra 5 vires—Award—Variation—Determination of award—Altering period of award— Mexsourne, Case stated Hypothetical questions—Commonwealth Conciliation and Arbitration May 27-29. Act 1904-1921 (No. 13 of 1904—No. 29 of 1921), secs. 25, 28, 31, 38 (0), 60—

== The Constitution (63 & 64 Vict. c. 12), sec. 51 (XXXV.):

eae See. 60 of the Commonwealth Conciliation and Arbitration Act 1904-1921 does not purport to confer part of the judicial power of the Commonwealth upon

= See the Commonwealth Court of Conciliation and Arbitration, and is a valid eS aw ; exercise of the legislative power of the Commonwealth, and therefore that

Court may order the registration of an organization to be cancelled.

That Court as constituted by the Deputy-President has power to ascertain facts for the purpose of forming its opinion under sec. 60 of the Act as to matters mentioned in that section, but an unreversed decision of a Court exercising judicial power is, as between the parties to that decision, final and binding.

Held, by Knox C.J., Isaacs, Rich and Starke JJ. (Higgins J. dissenting), that the period for which the award is to remain in force, as specified in the award under sec. 28 (1) of the Act, forms part of the award for the purposes of variation under sec. 38 (0); that the Commonwealth Court of Conciliation and Arbitration has jurisdiction under sec. 28 (3) to entertain an application to alter the period for which it is to remain in force; and that sec. 28 (3) gives power to determine an award wholly.