R v President (Cth) Court of Conciliation and Arbitration and the Federated Engine Drivers' and Firmen's Association of Australasia [1916] HCA 56

OF AUSTRALIA. 261

[HIGH COURT OF AUSTRALIA.}

THE KING AGAINST

PRESIDENT OF THE COMMONWEALTH COURT CONCILIATION AND ARBITRATION AND THE FEDERATED ENGINE DRIVERS' AND FIRMEN'S OCIATION OF AUSTRALASIA. E

5 we THE AUSTRALIAN AGRICULTURAL COMPANY LIMITED AND OTHERS.

'ommonwealth Court of Conciliation and Arbitration—Want of juris- H.C, or A. istence of dispute—Plaint in respect of matters covered by award and 1916. ~~

Metnourne,

n an order nisi in the High Court for prohibition to the President of the Oct. 11, 12.

wealth Court of Conciliation and Arbitration against proceeding plaint by an organization of employees against a number of employers Gritith 0.3., he ground that there was no jurisdiction to entertain the plaint inasmuch "Gayan Duty" the matters claimed by the plaint were covered by a subsisting award of '™' Meh

President or by subsisting industrial agreements registered under the

wealth Conciliation and Arbitration Act, so that no dispute existed,

that prohibition should not go:

Griffith C.J. and Barton J., on the ground that as the plaint related to a

"subject over which, on the face of the plaint, the President had jurisdiction,

- grounds relied on for prohibition were matters of defence on the merits

1 not a plea to jurisdiction ;

o "By Isaacs, Gavan Duffy and Rick JJ., on the ground that a clear case of "want of jurisdiction had not been made out.

262 HIGH COURT

H.C. or A. Orper nisi for prohibition.

An order nisi was on 12th September 1916 obtained by Australian Agricultural Co. Ltd. and a number of other companies" and firms and individuals, all of whom carried on business in New South Wales, calling upon the President of the Commonwealth Court or Court of Conciliation and Arbitration and the Federated Engine 3

Concmia- - z, ; cue ' ae sion anv Drivers' and Firemen's Association of Australasia, an organization