The matter related to the Commonwealth Government's power to make laws for the conciliation and arbitration of interstate industrial disputes under subsection 51(xxxv) of the Australian Constitution and the incidental power under subsection 51(xxxix),[2] but in reaching a decision set principles on matters of statutory interpretation affecting the Constitution.

[3][4][5] Subsequently, the Victorian Coal Miners' Association sought to be registered as a union under the Conciliation and Arbitration Act 1904.

[n 1] His Honour rejected the companies argument that an interstate industrial dispute could not occur unless an employer carried on business in at least two states and .

Griffith CJ held that the Parliament is unfettered in its choice of means, provided that they are really incidental to the attainment of these ends, and not manifestly unconnected with them.

[10] Both Barton J and O'Connor J[11] cited with approval the decision of the Supreme Court of the United States in McCulloch v. Maryland[12] including "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution are constitutional.” In reaching this decision the court held that in matters where there are variable interpretations, the Court should assume that the intention of Parliament was that the statute would not exceed the constitutional power.