Merchant Service Guild of Australasia Claimant; and Commonwealth Steamship Owners' Association (No 2) [1920] HCA 55

Merchant Service Guild of Australasia Claimant; and Commonwealth Steamship Owners' Association (No 2) [1920] HCA 55

A dispute between the claimant Union and the respondents (including State and statutory government bodies) regarding the wages, hours, and conditions of masters, officers, and engineers on steam vessels is an 'industrial dispute' under sec. 51 (xxxv) of the Constitution and the Commonwealth Conciliation and Arbitration Act, regardless of whether the government activities are carried out for profit or under express statutory authority, except where the activity is strictly governmental (legislative, executive, judicial).

Parties
Claimant: The Merchant Service Guild of Australasia; Respondents: Commonwealth Steamship Owners' Association and others; Respondent: Sydney Harbour Trust; Respondent: Melbourne Harbour Trust Commissioners; Respondent: Colonial Treasurer for the State of New South Wales; Respondent: Minister of Public Works for New South Wales; Respondent: Chief Secretary for New South Wales
Jurisdiction
Australia
Judgment Date
31 August 1920
Procedural Posture
Industrial Arbitration Reference / Decision on Question of Law Referred to High Court
Outcome
The dispute exists and is an industrial dispute within the meaning of sec. 51 (xxxv) as to the operations identified; some operations not determined due to lack of facts.
Legal Topics
Industrial Disputes, Power of Commonwealth Parliament, Application of Arbitration Law to State Instrumentalities
Constitutional Law Industrial Law Industrial Disputes Power of Commonwealth Parliament Application of Arbitration Law to State Instrumentalities

Case Brief

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Parties

The Merchant Service Guild of Australasia

Claimant

Commonwealth Steamship Owners' Association and others

Respondents

Sydney Harbour Trust

Respondent

Melbourne Harbour Trust Commissioners

Respondent

Colonial Treasurer for the State of New South Wales

Respondent

Minister of Public Works for New South Wales

Respondent

Chief Secretary for New South Wales

Respondent

Procedural Posture

Industrial Arbitration Reference / Decision on Question of Law Referred to High Court

Legal Issues

  1. 1 Whether a dispute between State government bodies carrying out industrial activities and their employees can be subject to the jurisdiction of the Commonwealth Court of Conciliation and Arbitration under sec. 51 (xxxv) of the Constitution.
  2. 2 Whether the absence of profit motive or statutory authority for State government activities excludes them from constituting an 'industrial dispute.'

Ratio Decidendi

A dispute between the claimant Union and the respondents (including State and statutory government bodies) regarding the wages, hours, and conditions of masters, officers, and engineers on steam vessels is an 'industrial dispute' under sec. 51 (xxxv) of the Constitution and the Commonwealth Conciliation and Arbitration Act, regardless of whether the government activities are carried out for profit or under express statutory authority, except where the activity is strictly governmental (legislative, executive, judicial).

Court Disposition

The dispute exists and is an industrial dispute within the meaning of sec. 51 (xxxv) as to the operations identified; some operations not determined due to lack of facts.

Orders

  • The dispute is found to be an industrial dispute as to (a) Sydney Harbour Trust; (b) Melbourne Harbour Trust; (c) Colonial Treasurer of New South Wales (pilot steamers and certain vessels); (d) Minister for Public Works of New South Wales (specified vessels, ferries, and dredges); (e) Chief Secretary of New South...
  • No finding as to the pleasure-launch at Sydney and two launches used for official business at Newcastle due to insufficient facts.