R v Hall; Ex parte Commissioner for Railways (NSW) [1958] HCA 35

R v Hall; Ex parte Commissioner for Railways (NSW) [1958] HCA 35

Clause 63(c) of the 1952 federal Railways award does not attempt to interfere with State legislative power over long service leave and is within the competence of the conciliation commissioner under the federal industrial power, as it merely attaches monetary consequences to rights to long service leave that have already accrued under State law.

Parties
Applicant: The Queen; Respondent: Vivian Gerald Hall; Respondent: Leslie Paul Austin; Respondent: The Australian Railways Union; Respondent: The National Union of Railwaymen of Australia; Prosecutor: Commissioner for Railways (N.S.W.)
Jurisdiction
Australia
Procedural Posture
Application for Writ of Prohibition / Order Nisi for Prohibition, Determination by Full Court
Outcome
Order nisi discharged
Legal Topics
Conciliation and Arbitration, Awards, Variation of Awards, State and Federal Powers, Long Service Leave
Industrial Law Conciliation and Arbitration Awards Variation of Awards State and Federal Powers Long Service Leave

Case Brief

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Parties

The Queen

Applicant

Vivian Gerald Hall

Respondent

Leslie Paul Austin

Respondent

The Australian Railways Union

Respondent

The National Union of Railwaymen of Australia

Respondent

Commissioner for Railways (N.S.W.)

Prosecutor

Procedural Posture

Application for Writ of Prohibition / Order Nisi for Prohibition, Determination by Full Court

Legal Issues

  1. 1 Was the conciliation commissioner competent to include clause 63(c) relating to long service leave in the award?
  2. 2 Does such a clause interfere with State legislative power or go beyond the federal industrial power?

Ratio Decidendi

Clause 63(c) of the 1952 federal Railways award does not attempt to interfere with State legislative power over long service leave and is within the competence of the conciliation commissioner under the federal industrial power, as it merely attaches monetary consequences to rights to long service leave that have already accrued under State law.

Court Disposition

Order nisi discharged

Orders

  • Order nisi for prohibition discharged with costs.