Fletcher v A H McDonald and Company Pty Ltd [1927] HCA 12

Fletcher v A H McDonald and Company Pty Ltd [1927] HCA 12

The minimum wages provisions of the award did not apply to apprentices indentured prior to the commencement of the award; the operative provisions of the award, including wage clauses, were designed to attach to indentures entered into after the award's operation, and any intention to vary or cancel existing contracts must be clearly expressed.

Parties
Complainant: Edward Gordon Fletcher; Defendant: A. H. McDonald & Company Proprietary Limited
Jurisdiction
Australia
Judgment Date
12 April 1927
Procedural Posture
Appeal / High Court Appeal From Supreme Court of Victoria
Outcome
appeal dismissed
Legal Topics
Industrial Arbitration, Award Interpretation, Apprenticeships, Minimum Wages
Industrial Law Industrial Arbitration Award Interpretation Apprenticeships Minimum Wages

Case Brief

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Parties

Edward Gordon Fletcher

Complainant

A. H. McDonald & Company Proprietary Limited

Defendant

Procedural Posture

Appeal / High Court Appeal From Supreme Court of Victoria

Legal Issues

  1. 1 Whether minimum wage provisions in a Commonwealth industrial award apply to apprentices indentured before the award commenced operation

Ratio Decidendi

The minimum wages provisions of the award did not apply to apprentices indentured prior to the commencement of the award; the operative provisions of the award, including wage clauses, were designed to attach to indentures entered into after the award's operation, and any intention to vary or cancel existing contracts must be clearly expressed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.