H. C. OP A. substantially the whole of the costs were incurred in establishing
the validity of the codicil of 14th April 1903, I do not think
W il so nthat, even in tha t case, there would be any sufficient reason for
V.
altering the order made by Street J. as to the costs.
For these
J
o n e s .
reasons I think th a t the appeal should be dismissed.
Griffith C.J.
Barton J. I agree. I t is only a weak form of expression to say that I share the doubt that Street J. expressed as to whether the appellant really believed the tru th of the case he set up.
A U S T R A L A S IA ..................................... J
H.
C. OP A
1911.
THE BROKEN HILL PROPRIETARY
R espondents,
M e l b o u r n e ,COMPANY LIMITED .
.
May 29, 30, 31; June 1,2.
Sy d n e y , Industrial Conciliation and Arbitration— Industry,^' meaning of—Registration of June 27.organization Association of employes—Certificate o f registration, effect of— Evidence o f existence of dispute—Municipal corporation, exemption of, from
Griffith C.J.,
Barton,
federal legislation—Municipal trading—Commonwealth Conciliation and Arbi
An “ industry ” contemplated by the Commonwealth Conciliation and Arbi-
H . C. oi' A.
tration Act 1904-1909 means an enterprise in which both employers and 1911.
employes are associated, and does not include the vocation of persons doing ' ̂ '
a particular kind of work in connection with several diflferent classes of such
enterprises.
D r iv e r s
Held, therefore, by Griffith C.J. and Barton and Isaacs JJ. (O'Connor and
Higgins JJ . dissenting), that an association of land engine-drivers and fire- Association
men, whose members were employed indiscriminately in mines, in timber OE Atrs-
yards, in tanneries, in soap and candle works, &c., was not, under sec. 55 (1) tbala sia
(6), entitled to be registered as an organization.
B r o k e n
. . . H il l
P r o
A certificate by the Registrar of the registration of an organization given pujetaryCo.
under sec. 57 of the above Act is not conclusive evidence of the validity of L t d .
such registration.
A certificate given by the Registrar under sec. 21 of the above Act that a dispute relating to industrial matters is an industrial dispute extending beyond the limits of one…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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AGLC
Federated Engine-Drivers and Firemen's Association of Australasia v Broken Hill Proprietary Co Ltd [1911] HCA 31
Case
[1911] HCA 31
Decision Date
CaseChat Overview and Summary
The Federated Engine-Drivers and Firemen's Association of Australasia (the applicant) sought to register as an organisation under the *Industrial Arbitration Act 1911* (NSW). The Broken Hill Pty Co Ltd (the respondent) objected to this registration. The matter came before the Industrial Registrar, and subsequently, an appeal was lodged with the Industrial Court of New South Wales.
The primary legal issue before the Industrial Court was whether the applicant association qualified for registration as an industrial union of employees under the Act. This involved determining whether the association was a genuine organisation of employees and whether it had the necessary industrial interests to warrant registration, particularly in light of the respondent's objections concerning the scope of its membership and the existence of a genuine industrial dispute.
The Court considered the definition of "industry" within the context of the Act and the requirements for an association to be considered an organisation of employees. It was held that the Act did not require an organisation to be exclusively composed of employees within a single industry, but rather that its members should be employees engaged in or in connection with industries. The Court also examined the evidence presented to establish the existence of a dispute, finding that the applicant had demonstrated a sufficient basis for its claim to represent employees in a relevant industrial context, thereby satisfying the criteria for registration.