Brownells Ltd v Ironmongers' Wages Board [1950] HCA 3

Brownells Ltd v Ironmongers' Wages Board [1950] HCA 3

The Governor in Council had authority under the Act to establish wages boards in respect of groups of trades, even if not all such trades are carried out by one employer; however, the Ironmongers' Wages Board's determination fixing a minimum overtime payment with the effect of regulating trading hours was ultra...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court of Australia Judgment on Appeal From the Supreme Court of Tasmania
Outcome
Appeal in Ironmongers' Board matter allowed; determination's overtime proviso quashed. Appeal in Drapers' Board matter dismissed.
Legal Topics
['wages Boards' 'statutory Interpretation' 'ultra Vires' 'determinations of Quasi Judicial Bodies']
['employment Law' 'administrative Law'] ['wages Boards' 'statutory Interpretation' 'ultra Vires' 'determinations of Quasi Judicial Bodies']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / High Court of Australia Judgment on Appeal From the Supreme Court of Tasmania

Legal Issues

  1. 1 ['Whether the Wages Boards were established in accordance with the Wages Boards Act 1920-1946 (Tas)' "Whether the determination of the Ironmongers' Wages Board regarding overtime payments was ultra vires"]

Ratio Decidendi

The Governor in Council had authority under the Act to establish wages boards in respect of groups of trades, even if not all such trades are carried out by one employer; however, the Ironmongers' Wages Board's determination fixing a minimum overtime payment with the effect of regulating trading hours was ultra vires, being an illegitimate use of the Board's powers under the Act.

Court Disposition

Appeal in Ironmongers' Board matter allowed; determination's overtime proviso quashed. Appeal in Drapers' Board matter dismissed.

Orders

  • ["Order of Supreme Court discharged (Ironmongers' matter)" "Proviso to clause 6 of amended determination dated 3rd March, 1948 quashed (Ironmongers')" "Order absolute with costs (Ironmongers')" "Appeal dismissed with costs (Drapers')"]