Collins v Charles Marshall Pty Ltd

The case involved an appeal to the High Court of Australia from a decision of the Metropolitan Industrial Court of Victoria. The appellant, an Inspector of Factories and Shops, had charged the respondent company with failing to grant an employee long service leave as required by the *Factories and Shops (Long Service Leave) Act 1953* (Vict.). The respondent argued that this State Act was inconsistent with the *Metal Trades Award 1952*, made under the federal *Conciliation and Arbitration Act 1904-1952*, and therefore inoperative by virtue of section 109 of the Constitution. The magistrate accepted this defence and dismissed the information.

The High Court was required to determine two primary legal issues. Firstly, whether section 31 of the *Conciliation and Arbitration Act 1904-1952* operated to prevent the High Court from hearing the appeal, either by limiting the appellate jurisdiction of the High Court or by conferring exclusive appellate jurisdiction on the Court of Conciliation and Arbitration. Secondly, the Court had to consider whether the *Factories and Shops (Long Service Leave) Act 1953* (Vict.) was rendered invalid by section 109 of the Constitution due to an inconsistency with the *Metal Trades Award 1952*.

The Court held that section 31 of the *Conciliation and Arbitration Act* was invalid to the extent that it purported to confer appellate jurisdiction on the Court of Conciliation and Arbitration from State courts exercising State jurisdiction, and also in so far as it attempted to invest that court with jurisdiction beyond matters arising under the Act itself, as this was not authorised by section 77(i) of the Constitution. The Court reasoned that the federal Parliament's power to create federal courts and define their jurisdiction did not extend to creating a general appellate control over State courts exercising State jurisdiction. Furthermore, the Court found no inconsistency between the Victorian Act and the *Metal Trades Award* that would render the State Act inoperative under section 109 of the Constitution. The award did not deal with long service leave, which was outside the commissioner's jurisdiction, and the State Act did not prevent the termination of employment but merely prescribed consequences for it.

Consequently, the High Court allowed the appeal, finding that the magistrate had erred in dismissing the information. The Court concluded that section 31 of the *Conciliation and Arbitration Act* was constitutionally invalid in its broad operation and that the Victorian *Factories and Shops (Long Service Leave) Act 1953* was valid and operative in this instance, as there was no conflict with the federal award. The case was remitted to the Metropolitan Industrial Court of Victoria for further hearing.