Australian Workers' Union Claimants; and Pastoralists' Federal Council [1917] HCA 17

Foll bel ES Worker Gfarelion Union vy John Kora St

LidFSi9536 — Nevipuion Co Ciao? CERI

1917. Sw SYDNEY, April 16-20, 23-25, 30.

Higgins J.

Ty Cranpers,

HIGH COURT

[HIGH COURT OF AUSTRALIA.)

THE AUSTRALIAN WORKERS' UNION. Crama

AND

THE PASTORALISTS' FEDERAL | a

AND OTHERS . . mae

ployees—Dispute alleged between organization and employers—Necessity of prod of dispute between employers and their employees—The Constitution (63 & 6: Vict. c. 12), sec. 51 (xxxv.)—Commonwealth Conciliation and Arbitration 1904-1915 (No. 13 of 1904—No. 35 of 1915), secs. 4, 2148.

are members of the organization and their respective employers who respondents; it is sufficient to prove that the organization is in dis with the respective respondents.

of employees who were general hands engaged throughout the year it pastoral industry, it was sufficient to prove that that dispute existed b

Brown, 3 O.L.R., 255, distinguished.

Summons.

Proceedings in the Commonwealth Court of Conciliation Arbitration were instituted by a plaint in which the Austr Workers' Union, an organization of employees, were claimants,

23 C.L.R.] OF AUSTRALIA.

the Pastoralists' Federal Council and a large number of persons, firms and companies were respondents. An application was made by motion to the High Court under sec. 2144 of the Commonwealth Conciliation and Arbitration Act 1904-1915 for a decision on the question whether the alleged dispute or any part thereof existed, or was threatened or impending or probable, as an industrial dispute extending beyond the limits of any one State. At the request of Barton J., acting as Chief Justice, and of all parties appearing, the motion was taken by Higgins J., who, with the assent of all the respondents who appeared, directed that the application should be treated and heard as a summons in Chambers, and it was so treated. and heard.