Amalgamated Society of Engineers v Australasian Institute of Marine Engineers

The Amalgamated Society of Engineers sought the cancellation of the registration of the Australasian Institute of Marine Engineers as an organisation of employees in connection with the shipping industry. The case was stated by the President of the Commonwealth Court of Conciliation and Arbitration for the opinion of the High Court of Australia. The applicant society had been registered in connection with the engineering industry, while the respondent institute was registered in connection with the shipping industry.

The High Court was required to determine whether the shipping industry constituted an "industry" within the meaning of section 55(1)(b) of the Commonwealth Conciliation and Arbitration Act 1904, and if so, whether the Australasian Institute of Marine Engineers was properly registered as an association in or in connection with that industry. The court was also asked to determine whether it was its duty to order the cancellation of the institute's registration if either of the preceding questions were answered in the negative.

The High Court held that the shipping industry is an industry within the meaning of the Act, which defines "industry" broadly to include any "business, trade, manufacture, undertaking, calling, service, or employment, on land or water, in which persons are employed for pay, hire, advantage, or reward." The court reasoned that the occupation or calling of marine engineers is carried on in connection with the shipping industry, and that the term "shipping industry" was a more accurate description of their occupation than "engineering industry," which encompasses a wide variety of engineering roles. Consequently, the court answered both questions in the affirmative.

The High Court ordered that the Amalgamated Society of Engineers pay the costs of the reference.