Merchant Service Guild of Australasia Claimant; and Commonwealth Steamship Owners' Association (No 3) [1920] HCA 67

Merchant Service Guild of Australasia Claimant; and Commonwealth Steamship Owners' Association (No 3) [1920] HCA 67

The Commonwealth Court of Conciliation and Arbitration does not have jurisdiction over industrial disputes concerning terms of contracts made in Australia for work performed exclusively outside the territorial limits of the Commonwealth on ships whose ports of clearance and destination are not in Australia. Jurisdiction conferred by sec. 51(xxxv) of the Constitution, unextended by sec. V, is confined to disputes concerning industrial operations within Australia.

Parties
Claimant: Merchant Service Guild of Australasia; Respondents: Commonwealth Steamship Owners' Association and others; Respondent: Lever's Pacific Plantations Ltd.; Respondent: Samoa Shipping and Trading Co. Ltd.; Respondent: Eastern and Australian Steamship Co. Ltd.
Jurisdiction
Australia
Judgment Date
01 November 1920
Procedural Posture
Case Stated / Full Court Decision on a Question of Jurisdiction
Outcome
Jurisdiction denied as to all three companies; question answered in the negative.
Legal Topics
Commonwealth Arbitration Jurisdiction, Extraterritorial Application of Industrial Laws, Industrial Disputes Extending Beyond One State
Constitutional Law Industrial Law Commonwealth Arbitration Jurisdiction Extraterritorial Application of Industrial Laws Industrial Disputes Extending Beyond One State

Case Brief

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Parties

Merchant Service Guild of Australasia

Claimant

Commonwealth Steamship Owners' Association and others

Respondents

Lever's Pacific Plantations Ltd.

Respondent

Samoa Shipping and Trading Co. Ltd.

Respondent

Eastern and Australian Steamship Co. Ltd.

Respondent

Procedural Posture

Case Stated / Full Court Decision on a Question of Jurisdiction

Legal Issues

  1. 1 Whether the Commonwealth Court of Conciliation and Arbitration has jurisdiction over industrial disputes relating to contracts of employment made in Australia for work performed outside Commonwealth territory on ships whose ports are not within Australia.

Ratio Decidendi

The Commonwealth Court of Conciliation and Arbitration does not have jurisdiction over industrial disputes concerning terms of contracts made in Australia for work performed exclusively outside the territorial limits of the Commonwealth on ships whose ports of clearance and destination are not in Australia. Jurisdiction conferred by sec. 51(xxxv) of the Constitution, unextended by sec. V, is confined to disputes concerning industrial operations within Australia.

Court Disposition

Jurisdiction denied as to all three companies; question answered in the negative.

Orders

  • Question as to jurisdiction answered in the negative for Lever's Pacific Plantations Ltd., Samoa Shipping and Trading Co. Ltd., and Eastern and Australian Steamship Co. Ltd.