Amalgamated Society of Engineers v Australasian Institute of Marine Engineers [1909] HCA 41; (1909) 9 CLR 48 (18 June 1909)

HIGH COURT OF AUSTRALIA

The Amalgamated Society of Engineers Applicants; and The Australasian Institute of Marine Engineers Respondents.

H C of A

18 June 1909

Griffith C.J., O'Connor, Isaacs and Higgins JJ.

McArthur, for the applicants.

Arthur, for the respondents,

Griffith C.J.

The first question submitted to the Court for its opinion is whether the shipping industry is an industry within the meaning of sec. 55 (1) of the Act. That sub-section prescribes what associations may be registered, and sub-sec. (1) (b) is:—"Any association of not less than one hundred employés in or in connection with any industry." The word "industry" is defined in sec. 4 as meaning "business, trade, manufacture, undertaking, calling, service, or employment, on land or water, in which persons are employed for pay, hire, advantage, or reward" with certain exceptions. I do not see how it is possible to say that the shipping industry is not an industry within the meaning of those words. I do not understand the argument. It is not a case of the division of industries into watertight compartments, A., B., C., D., so that, if you do not name the exact compartment into which the association should be put, the registration will be bad. The object of the Act is to enable persons connected with industries to be registered.

A subsidiary question is whether the Institute is properly registered as an association in or in connection with the shipping industry. I think the occupation or calling of marine engineers is a calling carried on in connection with the shipping industry. I should call that a more accurate way of describing the occupation than to say that it is carried on in connection with the engineering industry, because engineering connotes many different kinds of occupations, engine drivers, electrical engineers, engineers in saw mills, marine engineers and all sorts of other engineers. So that, if it is a question of accuracy, I should say that the term used is more accurate than any other description. These are the only questions, and they will both be answered in the affirmative.

O'Connor J.

I am of the same opinion.

Isaacs J.

I agree.

Higgins J.

I agree.

Questions answered accordingly. The applicant Society to pay the costs of the reference.

Solicitors, for the applicants, Barrow & Pearcey.

Solicitor, for the respondents, J. Woolf.