R v Kelly; Ex parte Waterside Workers' Federation of Australia [1952] HCA 25

R v Kelly; Ex parte Waterside Workers' Federation of Australia [1952] HCA 25

The Waterside Workers' Award, as varied, continued in force after the Stevedoring Industry Act 1947 by virtue of the transitional provisions and continuing statutory power, and did not terminate upon the new Act coming into force. The orders of 8 May 1952 were within power; no ground for prohibition was established.

Parties
Applicant: The Queen; Respondent: Kelly and Others; Prosecutor: Waterside Workers' Federation of Australia; Respondent: Commonwealth Steamship Owners' Association; Respondent: Selwyn Victor Jones (Chairman of the Oversea Shipping Representatives' Association); Intervener: Attorney-General of the Commonwealth (Intervening)
Jurisdiction
Australia
Procedural Posture
Order Nisi for Prohibition / Judgment After Argument on Validity of Prohibition Orders
Outcome
Order nisi for prohibition discharged with costs
Legal Topics
Industrial Arbitration, Statutory Interpretation, Validity of Award, Repeal of Statutory Powers, Prohibition Proceedings
Industrial Law Constitutional Law Industrial Arbitration Statutory Interpretation Validity of Award Repeal of Statutory Powers Prohibition Proceedings

Case Brief

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Parties

The Queen

Applicant

Kelly and Others

Respondent

Waterside Workers' Federation of Australia

Prosecutor

Commonwealth Steamship Owners' Association

Respondent

Selwyn Victor Jones (Chairman of the Oversea Shipping Representatives' Association)

Respondent

Attorney-General of the Commonwealth (Intervening)

Intervener

Procedural Posture

Order Nisi for Prohibition / Judgment After Argument on Validity of Prohibition Orders

Legal Issues

  1. 1 Whether the Waterside Workers' Award ceased to exist or to be enforceable on the commencement of the Stevedoring Industry Act 1947
  2. 2 Whether the orders of 8 May 1952 by the Commonwealth Court of Conciliation and Arbitration were outside its power
  3. 3 Effect of repeal or modification of statutory powers upon continuing awards and obligations

Ratio Decidendi

The Waterside Workers' Award, as varied, continued in force after the Stevedoring Industry Act 1947 by virtue of the transitional provisions and continuing statutory power, and did not terminate upon the new Act coming into force. The orders of 8 May 1952 were within power; no ground for prohibition was established.

Court Disposition

Order nisi for prohibition discharged with costs

Orders

  • Order nisi for prohibition discharged with costs.