In that case the Court relied strongly on the specific powers with regard to State railways, conferred by this and the two following sub-sections, as supporting the decision of the Court that, except to those specific provisions and the powers as to inter-state trade and commerce and preferential and discriminating rates given by sections 98 and 102, State railways were exempt, as instrumentalities of the State Governments, from Federal control. 51. (XXXIII.) The acquisition, with the consent of a State, of any railways of the State on terms arranged between the Commonwealth and the State: 51. (XXXIV.) Railway construction83 and extension in any State with the consent of that State: § 83. "RAILWAY CONSTRUCTION." LEGISLATION. KALGOORLIE TO PORT AUGUSTA RAILWAY SURVEY ACT 1907. KALGOORLIE TO PORT AUGUSTA RAILWAY ACT 1911-1912. COMMONWEALTH RAILWAYS ACT 1917. PINE CREEK TO KATHERINE RIVER RAILWAY ACT 1913. PINE CREEK TO KATHERINE RIVER RAILWAY SURVEY ACT 1912. The Kalgoorlie to Port Augusta Railway Act 1907 empowered the Minister, upon the formal consent of the South Australian Parliament to the survey being received, to cause a survey to be made of a route for a railway to connect Kalgoorlie, in the State of Western Australia, with Port Augusta, in the State of South Australia, and appropriated money for that purpose. The South Australian Parliament, by the Northern Territory Surrender Act 1907, consented to the construction by the Commonwealth of the South Australian section of the railway; and the Commonwealth Parliament, by the Kalgoorlie to Port Augusta Railway Act 1911-1912, empowered the Minister to construct the railway with a gauge of 4 feet 8 inches, as soon as the West Aus L. P. 34 tralian Parliament passed a consenting Act (which it forthwith did see Transcontinental Railway Act 1911) and as soon as both States agreed to grant to the Commonwealth the lands necessary for the construction and working of the line. These conditions having been fulfilled, the construction of the line commenced from both ends in 1912 and the two ends were linked up on 17th October, 1917. The first passenger train went through Port Augusta on 22nd October 1917. The extension of the Northern Territory Railway from Pine Creek to Katherine River, 54 miles, was completed during the year 1918. 84 51. (XXXV.) Conciliation and arbitration 85 for the 86 prevention and settlements of indus trial88 disputes89 extending90 beyond the limits of any one State: "CONCILIATION AND ARBITRATION.” Conspectus of Notes to Section 51 (xxxv.). Industrial organizations. What it connotes. Crafts and vocations. Retrospective Act. DISPUTES." Statutory definition. Conditions of jurisdiction. Want of pre-concert in demand and refusal. Pre-existing dissatisfaction. Formal demand and refusal not sufficient. Joint claim only not sufficient. Real, not fictitious, dispute. Different rates of wages. Threatened, impending or probable dispute. Want of proper organization. Indicia of Federal industrial disputes. Union badge. Preference to unionists. Employments included in dispute. Form of case stated for opinion of High Court. $90. EXTENDING BEYOND THE LIMITS OF ANY ONE STATE." Sympathetic dispute. Different branches of one industry in two different States. Concerted action by workers. Co-operation of workers in two States. Two States' disputes. Inter-State and intra-State traffic. State to State extensions. Industrial awards on the High Seas. Intra-State and coasting trade. Non-competing industries. Whether several disputes or one dispute extending. Test of Commonwealth dispute. Competition of industries not necessary to identity of dispute. LEGISLATION. COMMONWEALTH CONCILIATION AND ARBITRATION (KINGSTON) ACT 1904. The chief objects of this Act were to prevent lock-outs and strikes in connection with certain industrial disputes; to constitute a Commonwealth Court of Conciliation and Arbitration having jurisdiction for the prevention and settlement of industrial disputes extending beyond the limits of any one State. It provides for the creation of a Commonwealth Court of Conciliation and Arbitration, which shall be a Court of Record, and shall consist of a President to hold office during good behaviour for seven years and to be appointed by the Governor-General from among the Justices of the High Court. An industrial dispute is defined as a dispute in relation to industrial matters (a) arising between an employer or an organization of employers on the one part and an organization of employees on the other part, or (b) certified by the Registrar as proper in the public interest to be dealt with by the Court and extending beyond the limits of any one State. included disputes in relation to employment upon State railways, or to employment in industries carried on by or under the control of the Commonwealth or a State or any public authority constituted under the Commonwealth or a State section 4; but it did not include a dispute relating to employment in any agricultural, viticultural, horticultural or dairying pursuit. Associations of employers who have employed on an average of not less than 100 workmen and associations of not less than 100 workmen could be registered in the office of the principal registry. By registration, such associations become incorporated organizations under the Act competent to bring complaints before the Court or to represent parties to the complaints. It The Court has power to hear and determine disputes in the manner prescribed; to make orders or awards or give any directions in pursuance of the hearing. By its award the Court could prescribe a minimum rate of wages, and direct, that preference shall be, in certain cases, given to members of registered organizations, giving them special privileges in the conduct of proceedings before the Court. The Court could impose penalties for breach of its awards. Any organization might make an industrial agreement with any other organization or with any person for the prevention and settlement of industrial disputes existing or future, by conciliation and arbitration. Every industrial agreement had to be in writing. A duplicate of every industrial agreement had to be filed in the office of the Industrial Registrar, and of every organization affected thereby, within thirty days of the making thereof. Any organization or person bound by an industrial agreement was for breach or non-observance of any term of the agreement liable to a penalty. COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1909. This Act amends in a number of minor details the Act of 1904. COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1911. 66 This Act enlarges the power of the Court; abolishes conditions and limitations of preference to unionists and extends the principal Act to agricultural and other rural industries. It extends the definition of "industrial dispute" to include any threatened, impending or probable dispute." "Industrial was defined to include any business, calling, service, employment, handicraft or industrial occupation or avocation of employees on land or water. By the original Act, section 31, it was provided that no award of the Court" shall be challenged, appealed against, reviewed, quashed or called in question in any other Court on any account whatever." By the amending Act of 1911, section 14, this section is altered by adding the words "or be subject to prohibition or mandamus." COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1914. Provision was made for the appointment of a Deputy President to act in the Court in the absence of the President. COMMONWEALTH CONCILIATION AND ARBITRATION ACT (No. 2) 1914. When an alleged industrial dispute is submitted to the Court the complainant or respondent organization or association may apply to the High Court, for a decision on the question whether the dispute or any part thereof exists, or is threatened or impending or probable, as an industrial dispute extending beyond the limits of any one State or on any question of law arising in relation to the dispute or to the proceeding or to any award or order of the Court. The High Court shall have jurisdiction to hear and determine the question. The jurisdiction of the High Court under this section may be exercised by any Justice of the High Court sitting in Chambers. The decision of the Justice on the question shall be final |