Result

defendant. The Merchant Service Award 1961 was varied to include employees of the Department of Public Works, Victoria, engaged on dredges operating in Victorian waters. The variation took effect from a date...

Key principles

• The Commonwealth Conciliation and Arbitration Commission, constituted by Deputy President Sweeney, determined that the Merchant Service Award 1961 should be varied to include...
• The Commission held that the employees in question were engaged in 'merchant service' within the meaning of the award, notwithstanding that they were employed by a State...
• The Commission reasoned that the nature of the work performed—operating dredges for the purpose of maintaining navigable channels—was essentially maritime in character and...
• The Commission rejected the contention that the employment relationship was purely intrastate and therefore beyond the scope of federal industrial power, finding that the work...

Issues before the court

• Whether employees of a State government department operating dredges in Victorian waters were covered by the Merchant Service Award 1961
• Whether the employment of State government employees on dredges was within the constitutional scope of federal conciliation and arbitration power