1956 Boilermakers Case

The Queen v Kirby & Others; Ex parte Boilermakers’ Society of Australia – (Boilermakers’ Case) (1956) 94 CLR 254 – Dixon C.J., McTiernan, Fullagar and Kitto JJ., Judgment 2 March 1956

Case summary

The High Court rules that it is unconsitutional for the Commonwealth Court of Conciliation and Arbitration to exercise both judicial (interpretation and enforcement) and non-judicial (administrative or arbitral) powers. The Court is subsequently split into two separate bodies-the Commonwealth Conciliation and Arbitration Commission and the Commonwealth Industrial Court. Most of the members of the old Court are appointed to the Arbitration Commission. Justice Richard Kirby becomes the first President of the Commission.