Amalgamated Society of Engineers v Australasian Institute of Marine Engineers

[1909] HCA 41

9 CLR 48

THE AMALGAMATED SOCIETY OF

ENGINEERS

THE AUSTRALASIAN INSTITUTE OF

RESPONDENTS.

MARINE ENGINEERS "Industry," meaning of-Shipping "industry"-Marine engineers--Registration

-Commonwealth Conciliation and Arbitration Act 1904 (No. 13 of 1904), secs. 4, 55 (1). MELBOURNE,

The shipping industry is an "industry" within the meaning of sec. 55 (1) of the Commonwealth Conciliation and Arbitration Act 1904.

An association of marine engineers may properly be registered under that section as an organization in connection with the shipping industry.

CASE stated by the President of the Commonwealth Court of Conciliation and Arbitration.

On an application by the Amalgamated Society of Engineers to the Commonwealth Court of Conciliation and Arbitration for the cancellation of the registration of the Australasian Institute of Marine Engineers as an organization of employés, the Presi- dent stated the following case for the opinion of the High Court :-

"The abovenamed Institute was registered on 20th June 1906 as an organization of employés in ' connection with the shipping industry.' The abovenamed Society had been registered in 1905 as an organization of employés in connection with the engineer- ing industry.

"The Society applied to the Registrar on 4th May 1909 for the cancellation of the registration of the Institute, and the Registrar

9 CLR 49

refused. The Society thereupon made an application to this Court under sec. 60 (3) of the Commonwealth Conciliation and Arbitration Act 1904. The application is based on numerous grounds; and I have decided against the application on all the grounds except such grounds as involve the questions hereinafter set forth-questions arising in the proceedings which, in my opinion, are questions of law. If and SO far as the matter rests in my discretion, I exercise my discretion against the applicants on the excepted grounds also."

(The case then incorporated the rules of the Institute and of the Society, and Statutory Rules 1905, Nos. 23 and 70.)

"The questions are :-

1. Is the 'shipping industry' an industry within the meaning of sec. 55 1 (b) of the Act

2. If so, is the Institute properly registered as an association in or in connection with the shipping industry ?

3. If the answer is in the negative to either of the questions 1 and 2, is it the duty of this Court to order that the registration of the Institute be cancelled ? "

McArthur, for the applicants. With regard to employés, ship- ping is not an industry within the meaning of sec. 55 (1) (b) of the Commonwealth Conciliation and Arbitration Act 1904. In the definition of "industry" in sec. 4 the words " business, trade, manufacture, undertaking" refer to employers and "calling, service, or employment" refer to employés. Men whose callings, services or employments are of many different kinds may be employed in connection with shipping, but shipping cannot be said to be the " industry" of all of them. The industry in con- nection with which marine engineers are employed is not shipping but engineering. Shipping cannot be said to be the "calling, service or employment" of marine engineers.

[He also referred to the Commonwealth Conciliation and Arbitration Act 1904, secs. 2 (vi.), 58, 59, Schedule B.; Statutory Rules 1905, No. 23, r. 4; Jumbunna Coal Mine, No Liability V. Victorian Coal Miners' Association (1).

16 C.L.R., 309, at p. 370. 9 CLR 50

Arthur, for the respondents, was not called on.

GRIFFITH C.J. The first question submitted to the Court for its opinion is whether the shipping industry is an industry within the meaning of sec. 55 (1) of the Act. That sub-section prescribes what associations may be registered, and sub-sec. (1) (b) is:- " Any association of not less than one hundred employés in or in connection with any industry." The word "industry" is de- fined in sec. 4 as meaning business, trade, manufacture, under- taking, calling, service, or employment, on land or water, in which persons are employed for pay, hire, advantage, or reward" with certain exceptions. I do not see how it is possible to say that the shipping industry is not an industry within the meaning of those words. I do not understand the argument. It is not a case of the division of industries into watertight compartments, A., B., C., D., SO that, if you do not name the exact compartment into which the association should be put, the registration will be bad. The object of the Act is to enable persons connected with industries to be registered.

A subsidiary question is whether the Institute is properly registered as an association in or in connection with the shipping industry. I think the occupation or calling of marine engineers is a calling carried on in connection with the shipping industry.

I should call that a more accurate way of describing the occupa- tion than to say that it is carried on in connection with the engineering industry, because engineering connotes many different kinds of occupations, engine drivers, electrical engineers, engineers in saw mills, marine engineers and all sorts of other engineers. So that, if it is a question of accuracy, I should say that the term used is more accurate than any other description. These are the only questions, and they will both be answered in the affirmative.

O'CONNOR J. I am of the same opinion.

ISAACS J. I agree.

HIGGINS J. I agree.

9 CLR 51" text-full="9 CLR 51" text-short="9 CLR 51">9 CLR 51

Questions answered accordingly. The

plicant Society to pay the costs of the reference. Solicitors, for the applicants, Barrow &Pearcey. Solicitor, for the respondents, J. Woolf.

[HIGH COURT OF AUSTRALIA.]

DANIEL CAPEL

JAMES LESLIE WILLIAMS,

NOMINAL DEFENDANT,

RESPONDENTS.

FRANCIS WILLIAM MICHELL AND

DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF Volunteer Land Orders-Grant of Crown lands - Volunteer Force Regula-

tion Act 1867 (31 Vict. No. 5), sec. 44-Lands open to conditional sale- Areas set apart for holdings-Crown Lands Act 1884 (48 Vict. No. 18), secs. 21, 22, 24, 26-Crown Lands Act 1889 (53 Vict. No. 21), sec. 18-Crown Lands Act Amendment Act 1903 (No. 15 of 1903), sec. 29-Crown Lands Act Amend- ment Act 1905 (No. 42 of 1905), sec. 4.

By sec. 44 of the Volunteer Force Regulation Act 1867 every volunteer not serving for pay after 5 years efficient service becaune entitled to a free grant of Crown land open to conditional sale under sec. 13 of the Crown Lands Alien- ation Act 1861, certificates of such service when registered being called Volunteer Land Orders. The Crown Lands Act 1884 repealed the Act of 1861 and substituted other provisions as to conditional sale. Sec. 21