Australian Iron and Steel Ltd v Dobb

Australian Iron and Steel Ltd. appealed to the High Court of Australia from a decision of the Supreme Court of New South Wales. The appeal concerned an application by the Illawarra Deputies' and Shotfirers' Association to the Local Coal Authority for the reinstatement of Arthur William Hunt to his former position as a deputy at Nebo Colliery. Hunt, previously a deputy, had been transferred to surface labourer duties at his own request due to health concerns. When his subsequent request to return to his deputy position was refused by the company, the union sought to have the matter resolved by the Local Coal Authority. The appellant company sought a writ of prohibition to prevent the Local Coal Authority from hearing the matter, arguing it lacked jurisdiction.

The legal issues before the High Court were whether an industrial dispute existed within the meaning of the *Coal Industry Act 1946-1951* (N.S.W.), and if so, whether the operation of the *Coal Mines Regulation Act 1912-1953* (N.S.W.), particularly section 5A concerning the appointment of deputies, excluded the jurisdiction of the Local Coal Authority to deal with such a dispute. Specifically, the court had to determine if the power of the Local Coal Authority to settle industrial disputes and matters extended to ordering the reinstatement of a mine deputy, given the statutory requirement for the mine manager to appoint a competent person in writing as a deputy.

A majority of the High Court held that an industrial dispute did exist and that the *Coal Industry Act* conferred power on the Local Coal Authority to deal with it. The majority reasoned that the definition of "industrial matters" in the *Coal Industry Act* was broad enough to encompass disputes regarding the reinstatement of an employee to a former position, even if that position involved specific statutory duties. They found that the *Coal Industry Act*, as a later and more general statute concerning industrial relations in the coal industry, was not excluded by the provisions of the *Coal Mines Regulation Act*, which dealt with mine safety and management. The court concluded that the statutory discretion of the mine manager to appoint a deputy did not prevent an industrial tribunal from making orders concerning employment and remuneration, and that the Local Coal Authority had jurisdiction to hear the matter. The appeal was dismissed.