Federated Felt Hatting Employees Union of Australasia Claimants; and Denton Hat Mills Limited [1914] HCA 20

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HIGH COURT

{HIGH COURT OF AUSTRALIA.)

THE FEDERATED FELT HATTING | EMPLOYEES UNION OF AUS- Cini TRATLASTAS <3 nee {

AND

THE DENTON HAT MILLS LIMITED AND OTHERS 'i . . "

H.C. or A, Industrial Arbitration—Industrial dispute extending beyond one State—Plaint 1914. Commonwealth Court of Conciliation and Arbitration—Preliminary 9 Rey as to existence of dispute—Hvidence—Amendment of plaint—Commonw

MELBOURNE, — Conciliation and Arbitration Act 1904-1911 (No. 13 of 1904—No. 6 of 1911)

March 11, 12, secs. 23, 38A—The Constitution (63 & 64 Vict. c. 12), sec. 51 (xxxv.). 13, 27.

On a special case stated during the hearing of a plaint in the Com

eee wealth Court of Conciliation and Arbitration,

Cae Held, by Isaacs, Higgins, Gavan Duffy, Powers and Rich JJ. (Griffith C.J. Bae ee and Barton J. dissenting), that on the particular facts stated the Common-

wealth Court of Conciliation and Arbitration would be justified in finding — that there was an actual, threatened, impending or probable dispute, and proceeding to investigate the merits under sec. 23 of the Commonwealth Con- ciliation and Arbitration Act 1904-1911.

Held also, by the whole Court, that a plaint before the Commonwealth C of Conciliation and Arbitration alleging the existence of a dispute between tl parties might after the hearing of the plaint had begun be amended sec. 38a of the above Act, so as to allege in addition or as an alternative t) there was a pending, threatened or probable dispute between the parties.

Case stated by the Deputy President of the Commonwealth of Conciliation and Arbitration.

On the hearing of a plaint in the Commonwealth Court of Concilia- tion and Arbitration by the Federated Felt Hatting Employees Union

18 C.L.R.) OF AUSTRALIA.