Collins v Charles Marshall Pty Ltd [1955] HCA 44

Collins v Charles Marshall Pty Ltd [1955] HCA 44

Section 31 of Conciliation and Arbitration Act is invalid insofar as it purports to confer appellate jurisdiction from State courts exercising State jurisdiction. The Factories and Shops (Long Service Leave) Act 1953 (Vict.) is not inconsistent with the Metal Trades Award as long service leave is not dealt with in the award and thus the State Act remains operative.

Parties
Appellant: Gerald Alexander Collins; Respondent: Charles Marshall Pty Ltd; Intervener: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
11 August 1955
Procedural Posture
Appeal / High Court Appeal From Metropolitan Industrial Court Decision
Outcome
Appeal allowed
Legal Topics
Appellate Jurisdiction, Inconsistency Between State and Federal Law, Long Service Leave, Interpretation of Constitution
Constitutional Law Industrial Law Appellate Jurisdiction Inconsistency Between State and Federal Law Long Service Leave Interpretation of Constitution

Case Brief

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Parties

Gerald Alexander Collins

Appellant

Charles Marshall Pty Ltd

Respondent

Commonwealth of Australia

Intervener

Procedural Posture

Appeal / High Court Appeal From Metropolitan Industrial Court Decision

Legal Issues

  1. 1 Validity of s.31 of Conciliation and Arbitration Act 1904-1952
  2. 2 Whether Factories and Shops (Long Service Leave) Act 1953 (Vict.) is inconsistent with Metal Trades Award under s.109 of the Constitution
  3. 3 Appellate jurisdiction of Federal courts over State courts

Ratio Decidendi

Section 31 of Conciliation and Arbitration Act is invalid insofar as it purports to confer appellate jurisdiction from State courts exercising State jurisdiction. The Factories and Shops (Long Service Leave) Act 1953 (Vict.) is not inconsistent with the Metal Trades Award as long service leave is not dealt with in the award and thus the State Act remains operative.

Court Disposition

Appeal allowed

Orders

  • Set aside the order of the stipendiary magistrate dismissing the information
  • Remit the information for rehearing