Australian Timber Workers' Union v George Hudson Limited [1925] HCA 31

Australian Timber Workers' Union v George Hudson Limited [1925] HCA 31

In absence of a written demand within nine months as required by clause 40(a) of the award, no liability to pay further sums arises, and therefore no breach of the award occurs, precluding criminal prosecution under section 44.

Parties
Appellant: Australian Timber Workers' Union; Respondent: George Hudson Limited
Jurisdiction
Australia
Judgment Date
24 August 1925
Procedural Posture
Appeal / On Appeal From Court of Petty Sessions of New South Wales
Outcome
appeal dismissed
Legal Topics
Conciliation and Arbitration, Breach of Award, Minimum Wages, Procedural Requirements for Enforcement
Employment Law Industrial Law Conciliation and Arbitration Breach of Award Minimum Wages Procedural Requirements for Enforcement

Case Brief

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Parties

Australian Timber Workers' Union

Appellant

George Hudson Limited

Respondent

Procedural Posture

Appeal / On Appeal From Court of Petty Sessions of New South Wales

Legal Issues

  1. 1 Whether a demand in writing within nine months must be given to the employer before liability for underpayment arises under the award
  2. 2 Whether criminal prosecution can proceed in the absence of such a demand for breach of award

Ratio Decidendi

In absence of a written demand within nine months as required by clause 40(a) of the award, no liability to pay further sums arises, and therefore no breach of the award occurs, precluding criminal prosecution under section 44.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs