TA Robinson & Sons Pty Ltd v Haylor [1957] HCA 76

TA Robinson & Sons Pty Ltd v Haylor [1957] HCA 76

The Footwear Manufacturing Industry Award 1951 contained no provision, reference or allusion concerning long service leave and no term incompatible with the Long Service Leave Act 1955. The conciliation commissioner's reasons refusing a long service leave claim did not make the award an exhaustive determination excluding rights arising from State law, and any such intention was not expressed in the award. The statutory continuation of the expired award gave force only to what was expressed in the award. Accordingly there was no foundation for the contention that the State Act was displaced for persons bound by the award.

Jurisdiction
Australia
Procedural Posture
Appeal by Special Leave / High Court Appeal From an Order of the Chief Industrial Magistrate at Sydney Made Under Ss. 4, 12 and 14 of the Long Service Leave Act 1955 N.s.w., No. 38 of 1955
Outcome
Appeal dismissed with costs.
Legal Topics
['long Service Leave' 'federal Industrial Awards' 'inconsistency Under S. 109 of the Constitution' 'conciliation and Arbitration']
['employment and Industrial Law' 'constitutional Law'] ['long Service Leave' 'federal Industrial Awards' 'inconsistency Under S. 109 of the Constitution' 'conciliation and Arbitration']

Case Brief

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Procedural Posture

Appeal by Special Leave / High Court Appeal From an Order of the Chief Industrial Magistrate at Sydney Made Under Ss. 4, 12 and 14 of the Long Service Leave Act 1955 N.s.w., No. 38 of 1955

Legal Issues

  1. 1 ['Whether the Long Service Leave Act 1955 N.S.W. was invalid or displaced under s. 109 of the Constitution in its application to parties bound by the Footwear Manufacturing Industry Award 1951.' "Whether the refusal of a long service leave claim in the conciliation commissioner's reasons, where the award itself contained no provision about long service leave, constituted an exhaustive determination excluding State law."]

Ratio Decidendi

The Footwear Manufacturing Industry Award 1951 contained no provision, reference or allusion concerning long service leave and no term incompatible with the Long Service Leave Act 1955. The conciliation commissioner's reasons refusing a long service leave claim did not make the award an exhaustive determination excluding rights arising from State law, and any such intention was not expressed in the award. The statutory continuation of the expired award gave force only to what was expressed in the award. Accordingly there was no foundation for the contention that the State Act was displaced for persons bound by the award.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']