EDWARD MCCAMLEY & SONS PTY. LTD. V. FREESTONE

EDWARD MCCAMLEY & SONS PTY. LTD. V. FREESTONE

Regulation 14(2), as amended, obliges employers to pay tradesmen's wages to apprentices serving in the fifth or any later year, and is valid under the Commonwealth's defence power. The appellant did not pay the prescribed wage, establishing the offence.

Parties
Appellant: Edward McCamley & Sons Pty Ltd; Respondent: Freestone
Jurisdiction
Australia
Judgment Date
26 November 1946
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Defence Power, Wage Regulation, Boot Trades Dilution Regulations
Constitutional Law Industrial Law Defence Power Wage Regulation Boot Trades Dilution Regulations

Case Brief

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Parties

Edward McCamley & Sons Pty Ltd

Appellant

Freestone

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Regulation 14(2) of the National Security (Boot Trades) Dilution Regulations is valid under the defence power
  2. 2 Whether the regulation requires payment of tradesmen's wages to apprentices in the fifth or later year of service

Ratio Decidendi

Regulation 14(2), as amended, obliges employers to pay tradesmen's wages to apprentices serving in the fifth or any later year, and is valid under the Commonwealth's defence power. The appellant did not pay the prescribed wage, establishing the offence.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.