Clyde Engineering Co Ltd v Cowburn,[1] is a High Court of Australia case about inconsistency between a Commonwealth and a State law, which is dealt with in s 109 of the Australian Constitution.

However, the Commonwealth award stated that a worker who performed less than 48 hours of work should have pay deducted for non-attendance.

Knox CJ and Gavan Duffy J noted that the impossibility of obedience test (see R v Licensing Court of Brisbane; Ex parte Daniell)[2] may not be appropriate in all circumstances.

Isaacs and Rich JJ agreed with Knox CJ and Gavan Duffy J regarding the denial of rights test.

"[3] Isaacs and Starke JJ also concluded an inconsistency based on the covering the field test.