R v Commonwealth Court of Conciliation and Arbitration [1914] HCA 32

R v Commonwealth Court of Conciliation and Arbitration [1914] HCA 32

A dispute in the building industry may, as a matter of fact, exist across several States and thus constitute a dispute 'extending beyond the limits of any one State' within the Constitution. However, an award appointing a Board of Reference to determine liability and compensation for industrial accidents attempts to delegate judicial powers and is ultra vires; such an award is invalid. Prohibition will issue in respect of those portions of the award.

Parties
Applicant: The King; Applicants: G. P. Jones and others; Applicants: W. Cooper & Sons and others; Respondents: The Commonwealth Court of Conciliation and Arbitration and the President thereof; Respondent Organization: Australian Builders Labourers' Federation
Jurisdiction
Australia
Judgment Date
15 May 1914
Procedural Posture
Application for Prohibition / Final Judgment
Outcome
Partial grant of prohibition; award held invalid in respect of compensation and Board of Reference; prohibition refused as to existence of inter-State industrial dispute.
Legal Topics
Industrial Disputes Extending Beyond One State, Jurisdiction of Commonwealth Arbitration Court, Scope of Arbitral Awards, Delegation of Judicial Power, Workmen's Compensation
Constitutional Law Industrial Law Administrative Law Industrial Disputes Extending Beyond One State Jurisdiction of Commonwealth Arbitration Court Scope of Arbitral Awards Delegation of Judicial Power Workmen's Compensation

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Parties

The King

Applicant

G. P. Jones and others

Applicants

W. Cooper & Sons and others

Applicants

The Commonwealth Court of Conciliation and Arbitration and the President thereof

Respondents

Australian Builders Labourers' Federation

Respondent Organization

Procedural Posture

Application for Prohibition / Final Judgment

Legal Issues

  1. 1 Whether a dispute in the building industry can extend beyond the limits of one State within s 51(xxxv) of the Constitution
  2. 2 Whether the award of compensation and constitution of a Board of Reference by the Arbitration Court was valid
  3. 3 Whether prohibition can issue after an award is made by the President of the Arbitration Court

Ratio Decidendi

A dispute in the building industry may, as a matter of fact, exist across several States and thus constitute a dispute 'extending beyond the limits of any one State' within the Constitution. However, an award appointing a Board of Reference to determine liability and compensation for industrial accidents attempts to delegate judicial powers and is ultra vires; such an award is invalid. Prohibition will issue in respect of those portions of the award.

Court Disposition

Partial grant of prohibition; award held invalid in respect of compensation and Board of Reference; prohibition refused as to existence of inter-State industrial dispute.

Orders

  • Order absolute for prohibition so far as award relates to compensation for accidents and Board of Reference quoad hoc.
  • Respondents to be at liberty to apply within three weeks for a variation.