R v Gallagher; Ex parte Commonwealth Steamship Owners Association [1968] HCA 87

R v Gallagher; Ex parte Commonwealth Steamship Owners Association [1968] HCA 87

Div. 7 of Pt II of the Navigation Act 1912-1967 Cth sets minimum manning requirements and does not exclude the Commission's authority under the Conciliation and Arbitration Act 1904-1967 Cth to deal with industrial matters. The claim that the M.T. Cellana should carry three cooks concerns the sharing of galley work among employees and is an industrial dispute relating to employer and employee relations and work to be done by employees. Prohibition therefore should not issue.

Jurisdiction
Australia
Procedural Posture
Application for Writ of Prohibition / Order Nisi
Outcome
Order nisi discharged.
Legal Topics
['industrial Matters' 'industrial Disputes' 'manning of Cargo Vessels' 'marine Cooks' 'writ of Prohibition' 'statutory Interpretation']
['industrial Law' 'shipping and Navigation' 'administrative Law'] ['industrial Matters' 'industrial Disputes' 'manning of Cargo Vessels' 'marine Cooks' 'writ of Prohibition' 'statutory Interpretation']

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Procedural Posture

Application for Writ of Prohibition / Order Nisi

Legal Issues

  1. 1 ['Whether a dispute as to the number of cooks to be carried on specified vessels, or vessels of a specified description, is a dispute as to an industrial matter.' 'Whether Div. 7 of Pt II of the Navigation Act 1912-1967 Cth requires the definition of industrial matters in Div. 2 of Pt III of the Conciliation and Arbitration Act 1904-1967 Cth to be construed as excluding the dispute, or makes exhaustive and exclusive provision in respect of the matter.']

Ratio Decidendi

Div. 7 of Pt II of the Navigation Act 1912-1967 Cth sets minimum manning requirements and does not exclude the Commission's authority under the Conciliation and Arbitration Act 1904-1967 Cth to deal with industrial matters. The claim that the M.T. Cellana should carry three cooks concerns the sharing of galley work among employees and is an industrial dispute relating to employer and employee relations and work to be done by employees. Prohibition therefore should not issue.

Court Disposition

Order nisi discharged.

Orders

  • ['Order nisi for writ of prohibition discharged.']