Federated Engine-Drivers and Firemen's Association of Australasia v Broken Hill Proprietary Company Limited

The case involved the Federated Engine-Drivers and Firemen's Association of Australasia (the claimant) and the Broken Hill Proprietary Company Limited and other respondents. The dispute concerned the validity of the claimant's registration as an organisation under the Commonwealth Conciliation and Arbitration Act 1904-1911 and the jurisdiction of the Commonwealth Court of Conciliation and Arbitration to make an award. The matter came before the High Court of Australia by way of a case stated by the President of the Commonwealth Court of Conciliation and Arbitration.

The High Court was required to determine several legal issues. Firstly, it had to consider the effect of the Commonwealth Conciliation and Arbitration Act 1911, specifically section 4, on a previously registered organisation whose registration had been declared invalid by the High Court. Secondly, the Court needed to ascertain whether a municipal corporation, in this instance the Corporation of Melbourne, which engaged in trading operations, was subject to the jurisdiction and award of the Commonwealth Court of Conciliation and Arbitration. Thirdly, the Court had to determine the scope of the power granted by section 40A of the Commonwealth Conciliation and Arbitration Act 1904-1911 to include provisions for a Board of Reference in an award. Finally, the Court considered the right of audience for an officer of a registered organisation in the High Court when a case is stated under section 31 of the Act.

A majority of the High Court (Griffith C.J., Barton J., and Isaacs J.) held that section 4 of the Commonwealth Conciliation and Arbitration Act 1911 operated to validate the plaint only from the date of its passing, not retrospectively to cure the prior invalidity of the registration. The Court also held, per totam curiam, that a municipal corporation in Victoria, to the extent it engages in trading operations, is subject to the jurisdiction and award of the Commonwealth Court of Conciliation and Arbitration. Furthermore, the majority found that the power under section 40A to include provisions for a Board of Reference was limited to specific matters or things dealt with by the award and could not be made in general terms. Regarding the right of audience, the majority concluded that the secretary of a registered organisation does not have an automatic right to appear on behalf of the organisation in the High Court under section 27 of the Act, although permission could be granted. Higgins J. dissented on the interpretation of section 4, the binding nature of the High Court's opinion under section 31, and the scope of the Board of Reference provisions.