Amalgamates Society of Engineers v Adelaide Steamship Co Ltd 1920 (HCA) (aka Engineer's Case)

Question 1

Summary

Answer 1

The Amalgamated Society of Engineers (union) lodged a claim against the Adelaide Steamship Company in the Commonwealth Court of Conciliation and Arbitration for an award relating to 844 employers across Australia. 3 were State governmental employers (WA).

Question 2

Relevant part of Law

Answer 2

The Parliament of the Commonwealth has power, under s51 (xxxv) of the Constitution, to make laws binding on the States with respect to conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of one state.

Question 3

Issue

Answer 3

Could the Commonwealth power authorise the making of an award binding the 3 state governmental employers?

Question 4

Key Outcome

Answer 4

The Literal Rule, is the interpretation of s51 should be in plain English meaning, in its ordinary sense.