Australian Commonwealth Shipping Board v Federated Seamen's Union of Australasia

The Australian Commonwealth Shipping Board and the Commonwealth Steamship Owners' Association applied to the Commonwealth Court of Conciliation and Arbitration for the cancellation of the registration of the Federated Seamen's Union of Australasia. The Deputy-President of the Court, Mr. Deputy-President Webb, stated a case to the High Court of Australia, seeking its opinion on several questions arising from these applications and related summonses for variation of an existing award.

The legal issues before the High Court included whether Section 60 of the Commonwealth Conciliation and Arbitration Act 1904-1921 was within the legislative power of the Commonwealth Parliament, and consequently, whether the Commonwealth Court of Conciliation and Arbitration had the power to cancel the registration of an organisation. Further questions concerned the Court's power to ascertain facts for the purposes of Section 60, and whether the period for which an award remains in force formed part of the award for the purposes of variation. The Court was also asked about its jurisdiction to determine an award or alter its duration, and whether certain questions posed were hypothetical and thus outside the scope of the case stated.

A majority of the High Court (Knox C.J., Isaacs, Rich, and Starke JJ., with Higgins J. dissenting) held that Section 60 of the Act, which empowers the Court to cancel the registration of an organisation, was a valid exercise of legislative power and did not purport to confer judicial power of the Commonwealth. The Court found that the period for which an award remains in force is part of the award for variation purposes under Section 38(o), and that the Court has jurisdiction under Section 28(3) to alter this period or determine the award entirely. However, the majority also determined that several questions posed by the Deputy-President were hypothetical and did not "arise in the proceedings" within the meaning of Section 31(2) of the Act, and therefore should not be answered.

The High Court ordered that the Commonwealth Court of Conciliation and Arbitration has jurisdiction to hear and determine the application to cancel the registration of the Federated Seamen's Union of Australasia, and that Section 60 of the Act is within the legislative power of the Commonwealth Parliament. The Court also affirmed the power of the Commonwealth Court of Conciliation and Arbitration to ascertain facts for the purpose of forming its opinion under Section 60, and its jurisdiction to entertain applications to determine an award or alter its period of operation. The Court declined to answer the remaining questions as they were deemed hypothetical.