Huddart Parker Limited v Commonwealth [1931] HCA 1

Huddart Parker Limited v Commonwealth [1931] HCA 1

By majority, the Court held that section 3 of the Transport Workers Act 1928-1929 validly authorised the making of the regulation giving preference to members of the Waterside Workers' Federation, as such regulation is a law with respect to trade and commerce with other countries and among the States. The regulation’s requirement that priority be given to union members for employment in loading or unloading interstate and overseas ships is an incident of the control of interstate and external commerce and within legislative power. The action failed and was dismissed.

Parties
Plaintiffs / Appellants: Huddart Parker Limited and Others; Defendants / Respondents: The Commonwealth of Australia and Another (Minister of State for Transport)
Jurisdiction
Australia
Procedural Posture
Constitutional Challenge / Full Court Hearing Treated as Trial of Action
Outcome
Action dismissed
Legal Topics
Validity of Commonwealth Legislation, Trade and Commerce Power, Regulations and Delegated Legislation, Industrial Relations, Preference to Unionists
Constitutional Law Validity of Commonwealth Legislation Trade and Commerce Power Regulations and Delegated Legislation Industrial Relations Preference to Unionists

Case Brief

Summary, issues, holding and outcome

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Parties

Huddart Parker Limited and Others

Plaintiffs / Appellants

The Commonwealth of Australia and Another (Minister of State for Transport)

Defendants / Respondents

Procedural Posture

Constitutional Challenge / Full Court Hearing Treated as Trial of Action

Legal Issues

  1. 1 Whether the Transport Workers (Waterside) Regulations were properly authorised by the Transport Workers Act 1928-1929
  2. 2 Whether section 3 of the Transport Workers Act 1928-1929 as empowered was a valid exercise of the Commonwealth's trade and commerce power
  3. 3 Whether the regulations and/or Act were invalid because they imposed a preference for unionists

Ratio Decidendi

By majority, the Court held that section 3 of the Transport Workers Act 1928-1929 validly authorised the making of the regulation giving preference to members of the Waterside Workers' Federation, as such regulation is a law with respect to trade and commerce with other countries and among the States. The regulation’s requirement that priority be given to union members for employment in loading or unloading interstate and overseas ships is an incident of the control of interstate and external commerce and within legislative power. The action failed and was dismissed.

Court Disposition

Action dismissed

Orders

  • Action dismissed with costs to the defendants