Amalgamated Collieries of WA Ltd v True [1938] HCA 19

Amalgamated Collieries of WA Ltd v True [1938] HCA 19

The statutory mechanism for automatic adjustment of the basic wage does not affect fixed tonnage rates; workers employed on those terms are entitled to the full tonnage rates stated in the award, notwithstanding any subsequent basic wage decrease. However, claims for wages under a contract that adopts the award terms are subject to the statutory 12-month limitation period for the recovery of such amounts under sec. 176(2).

Parties
Appellant/defendant: Amalgamated Collieries of W.A. Ltd.; Respondent/plaintiff: Gwyn A. True
Jurisdiction
Australia
Procedural Posture
Appeal / High Court of Australia on Appeal From the Supreme Court of Western Australia (full Court), Which Heard Appeal From the Local Court at Collie
Outcome
Appeal allowed in part; judgment of Supreme Court varied
Legal Topics
Basic Wage Adjustment, Award Interpretation, Limitation of Actions for Wage Claims, Industrial Arbitration Act (w.a.)—application, Tonnage Rates Vs Day Wages
Industrial Law Employment Law Basic Wage Adjustment Award Interpretation Limitation of Actions for Wage Claims Industrial Arbitration Act (w.a.)—application Tonnage Rates Vs Day Wages

Case Brief

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Parties

Amalgamated Collieries of W.A. Ltd.

Appellant/defendant

Gwyn A. True

Respondent/plaintiff

Procedural Posture

Appeal / High Court of Australia on Appeal From the Supreme Court of Western Australia (full Court), Which Heard Appeal From the Local Court at Collie

Legal Issues

  1. 1 Whether the statutory automatic adjustment of the basic wage under the Industrial Arbitration Act 1912-1935 (W.A.) applies to tonnage rates as well as day wages prescribed by industrial award
  2. 2 Whether the 12-month limitation period in sec. 176(2) of the Industrial Arbitration Act applies to claims for wages under a contract that adopts award terms

Ratio Decidendi

The statutory mechanism for automatic adjustment of the basic wage does not affect fixed tonnage rates; workers employed on those terms are entitled to the full tonnage rates stated in the award, notwithstanding any subsequent basic wage decrease. However, claims for wages under a contract that adopts the award terms are subject to the statutory 12-month limitation period for the recovery of such amounts under sec. 176(2).

Court Disposition

Appeal allowed in part; judgment of Supreme Court varied

Orders

  • Order of Supreme Court varied by reducing judgment sum from £8 1s. 9d. to £3 8s. 10d.
  • Order otherwise affirmed.