R v Commonwealth Conciliation and Arbitration Commission; Ex parte Australian Foremen Stevedores' Association [1958] HCA 59

OF AUSTRALIA.

[HIGH COURT OF AUSTRALIA.]

THE QUEEN

AGAINST

COMMONWEALTH CONCILIATION AND ARBITRA- TION COMMISSION AND OTHERS ;

arTE THE AUSTRALIAN FOREMEN STEVEDORES' ASSOCIATION AND OTHERS.

Law (Cth.)—Commonwealth Conciliation and Arbitration Commission—

mployee organisation—W aterside workers—Registration—Suspension—Inquiry

Judicial power—Subsequent amendment of statute—Appeal—Right—Considera-

of appeal by commission—Prohibition—Conciliation and Arbitration Act

1956 (Cth.)—Stevedoring Industry Act 1954-1956, ss. 7 (1), 10, 14, 29,

36, 37, 38—Stevedoring Industry Act 1956-1957, s. 37—Stevedoring Industry Act 1957, 8. 5.

Once the registration of a waterside worker has been effectively cancelled suspended by the Australian Stevedoring Industry Authority pursuant to 36 of the Stevedoring Industry Act 1954-1956, the authority has no power er expressly by virtue of the section or by clear implication to set aside such cancellation or suspension either in the sense of revoking it so as to render __ it void ab initio or in the sense of cutting short its operation, The special 'power to "suspend" and " revoke suspension " given to the authority by _s, 36 (4) is given only pending the holding of an inquiry.

Where cancellation or suspension of registration is decided upon, then in _ order to be legally effective it must be recorded in the register kept at the port in question pursuant to s. 25 (e) of the Act. In the case of an effective can- cellation or suspension the waterside worker's remedy is to appeal to the Commonwealth Conciliation and Arbitration Commission pursuant to the new s. 37 substituted by the Stevedoring Industry Act 1957.

Where the authority has decided to cancel or suspend the registration of a _ Waterside worker but before the cancellation or suspension has actually taken 'effect it may revoke its decision and substitute some other decision therefor.