Montgomery v Australian Master Hairdressers' and Wigmakers' Federation Informants [1913] HCA 17

Montgomery v Australian Master Hairdressers' and Wigmakers' Federation Informants [1913] HCA 17

An agreement between a State branch of an organization and another organization is not an industrial agreement under the Act because a branch is neither an 'organization' nor a 'person' as required. Therefore, no penal consequences for breach may arise under the statute.

Parties
Appellant/defendant: John Montgomery; Respondents/informants: Australian Master Hairdressers' and Wigmakers' Federation
Jurisdiction
Australia
Judgment Date
19 March 1913
Procedural Posture
Appeal / On Appeal From a Police Magistrate of Victoria Exercising Federal Jurisdiction
Outcome
Appeal allowed. Conviction quashed.
Legal Topics
Enforcement of Industrial Agreements, Requirements for Binding Industrial Agreements
Industrial Law Arbitration Law Enforcement of Industrial Agreements Requirements for Binding Industrial Agreements

Case Brief

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Parties

John Montgomery

Appellant/defendant

Australian Master Hairdressers' and Wigmakers' Federation

Respondents/informants

Procedural Posture

Appeal / On Appeal From a Police Magistrate of Victoria Exercising Federal Jurisdiction

Legal Issues

  1. 1 Whether an agreement between a State branch of an organization and another organization is an industrial agreement under the Commonwealth Conciliation and Arbitration Act 1904-1911
  2. 2 Whether such an agreement is enforceable with penal consequences under the Act

Ratio Decidendi

An agreement between a State branch of an organization and another organization is not an industrial agreement under the Act because a branch is neither an 'organization' nor a 'person' as required. Therefore, no penal consequences for breach may arise under the statute.

Court Disposition

Appeal allowed. Conviction quashed.

Orders

  • Conviction quashed.