Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter II. The commonwealth of Australia

Collection:: Economics Books

car. i] THE COMMONWEALTH OF AUSTRALIA 847 important questions as regards the power of the Court were decided in that case, which are summed up in the headnote to the case as follows — Assuming the existence of all other circumstances which constitute an industrial dispute extending beyond the limits of one state, including a demand by combined and organized employés on their employers, want of preconcert on the part of the employers in refusing the demand does not either under s. 51 (xxxv) of the constitution or under the Common- wealth Conciliation and Arbitration Act, 1904, deprive the Commonwealth Court of Conciliation and Arbitration of jurisdiction to make an award on a plaint brought before the Court by the organization of employés. So held by O’Connor, Isaacs, and Higgins JJ. By Griffith C.J. :— The absence of such preconcert may be evidence to negative the existence of a dispute within the meaning of 8. 81 (xxxv) of the constitution, but, on the assumption mentioned, the mere want of such preconcert on the part of the employers does not, under the Commonwealth Concilia- Yon and Arbitration Act, 1904, deprive the Commonwealth Court of such jurisdiction. Where part of the demand made by an organization of employés is that the wages in one state shall be higher than those Ain the other states, the Commonwealth Court of Conciliation and Arbitration may, nevertheless, make an enforceable award in respect of the employés in that state. If an industry has several different and well-recognized branches, the Commonwealth Court of Conciliation and Arbitration may make an award enforceable in all the states 0 which the particular dispute extends, as to wages and conditions of labour in that industry, notwithstanding that, at the time the dispute is brought before the Court, (1) In one or more states no member of the organization of employés which is bringing the plaint is actually employed in one of the branches of the industry, or (2) In one of the states one of the branches of the industry is not carried on, or . (3) One of the employers, who carries on all the branches i one state and only one branch in another state, is not in the former state employing any members of the organization in one of the branches, or (4) An employer carrying on all the branches in one state

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