Amalgamated Society of Engineers Claimant; and Adelaide Steamship Company Limited [1920] HCA 54

Amalgamated Society of Engineers Claimant; and Adelaide Steamship Company Limited [1920] HCA 54

The Commonwealth Parliament, under sec. 51 (xxxv.) of the Constitution, has power to make laws binding on the States regarding conciliation and arbitration for industrial disputes extending beyond the limits of one State, and disputes involving State agencies as employers are 'industrial disputes' within sec. 51 (xxxv.); supremacy of the Commonwealth law prevails over State law under sec. 109.

Parties
Claimant: The Amalgamated Society of Engineers; Respondents: The Adelaide Steamship Company Limited and others; Respondent: Minister for Trading Concerns, Western Australia; Respondent: State Implement and Engineering Works, North Fremantle; Respondent: State Sawmills, D. Humphries, Perth; Intervener: Commonwealth of Australia; Intervener: State of Victoria; Intervener: State of South Australia; Intervener: State of Tasmania; Intervener: State of New South Wales
Jurisdiction
Australia
Judgment Date
31 August 1920
Procedural Posture
Special Case Stated Under the Judiciary Act for the Full Court, Hearing of a Summons Under Sec. 214 a of the Commonwealth Conciliation and Arbitration Act / Full High Court Judgment
Outcome
Majority decision (Knox C.J., Isaacs, Rich, Starke, Higgins JJ) in favour of claimant; dissent by Gavan Duffy J.
Legal Topics
Federal State Relations, Interpretation of Constitution, Commonwealth Powers, Industrial Disputes, Crown Liability, Supremacy of Commonwealth Law
Constitutional Law Industrial Law Federal State Relations Interpretation of Constitution Commonwealth Powers Industrial Disputes Crown Liability Supremacy of Commonwealth Law

Case Brief

Summary, issues, holding and outcome

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Parties

The Amalgamated Society of Engineers

Claimant

The Adelaide Steamship Company Limited and others

Respondents

Minister for Trading Concerns, Western Australia

Respondent

State Implement and Engineering Works, North Fremantle

Respondent

State Sawmills, D. Humphries, Perth

Respondent

Commonwealth of Australia

Intervener

State of Victoria

Intervener

State of South Australia

Intervener

State of Tasmania

Intervener

State of New South Wales

Intervener

Procedural Posture

Special Case Stated Under the Judiciary Act for the Full Court, Hearing of a Summons Under Sec. 214 a of the Commonwealth Conciliation and Arbitration Act / Full High Court Judgment

Legal Issues

  1. 1 Whether the Commonwealth Parliament has power to make laws binding on the States with respect to conciliation and arbitration for industrial disputes extending beyond the limits of one State
  2. 2 Whether an industrial dispute involving a State agency is an 'industrial dispute' within sec. 51 (xxxv.) of the Constitution

Ratio Decidendi

The Commonwealth Parliament, under sec. 51 (xxxv.) of the Constitution, has power to make laws binding on the States regarding conciliation and arbitration for industrial disputes extending beyond the limits of one State, and disputes involving State agencies as employers are 'industrial disputes' within sec. 51 (xxxv.); supremacy of the Commonwealth law prevails over State law under sec. 109.

Court Disposition

Majority decision (Knox C.J., Isaacs, Rich, Starke, Higgins JJ) in favour of claimant; dissent by Gavan Duffy J.

Orders

  • Questions as amended answered: (1) Yes; (2) Yes.