Metropolitan Coal Company of Sydney Limited v Australian Coal and Shale Employees' Federation [1917] HCA 64

Metropolitan Coal Company of Sydney Limited v Australian Coal and Shale Employees' Federation [1917] HCA 64

A strike by employees in sympathy with an intra-State dispute does not constitute an offence under s 6 nor an industrial dispute within the meaning of the Commonwealth Conciliation and Arbitration Act, as no dispute extended beyond one State. Mine-owners affected by such a strike are persons interested, entitled to apply for cancellation of the organization's registration under s 60(1). The power of the Registrar to re-register an organization whose registration has been cancelled is not absolute but depends on the circumstances appearing at the time of subsequent application.

Parties
Applicants: The Metropolitan Coal Company of Sydney Limited and others; Respondents: The Australian Coal and Shale Employees' Federation
Jurisdiction
Australia
Judgment Date
30 November 1917
Procedural Posture
Industrial Arbitration/case Stated / Case Stated for Opinion of the High Court
Outcome
Questions answered as follows: 1) No. 2) No. 3) Yes. 4) No answer/Unnecessary. 5) Yes. 6) Power to re-register depends on circumstances as appearing on the application.
Legal Topics
Industrial Dispute, Strike, Cancellation of Registration of Organization, Royal Prerogative, Registrar's Powers, Person Interested, Proclamation, Re Registration of Organization
Industrial Law Labour Law Administrative Law Statutory Interpretation Constitutional Law Industrial Dispute Strike Cancellation of Registration of Organization +5 more

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Parties

The Metropolitan Coal Company of Sydney Limited and others

Applicants

The Australian Coal and Shale Employees' Federation

Respondents

Procedural Posture

Industrial Arbitration/case Stated / Case Stated for Opinion of the High Court

Legal Issues

  1. 1 Whether the miners' strike is an offence under the Commonwealth Conciliation and Arbitration Act
  2. 2 Whether the strike constitutes an industrial dispute within the meaning of the Act
  3. 3 Whether the mine-owners are 'persons interested' under s 60(1)

Ratio Decidendi

A strike by employees in sympathy with an intra-State dispute does not constitute an offence under s 6 nor an industrial dispute within the meaning of the Commonwealth Conciliation and Arbitration Act, as no dispute extended beyond one State. Mine-owners affected by such a strike are persons interested, entitled to apply for cancellation of the organization's registration under s 60(1). The power of the Registrar to re-register an organization whose registration has been cancelled is not absolute but depends on the circumstances appearing at the time of subsequent application.

Court Disposition

Questions answered as follows: 1) No. 2) No. 3) Yes. 4) No answer/Unnecessary. 5) Yes. 6) Power to re-register depends on circumstances as appearing on the application.

Orders

  • Strike was not an offence under the Act.
  • Strike did not constitute an industrial dispute within Act.