Culbert v Clyde Engineering Company Limited [1936] HCA 19

Culbert v Clyde Engineering Company Limited [1936] HCA 19

An indenture of apprenticeship referring retrospectively to a period already passed is not in accordance with the award’s requirements that apprenticeships be set for a full prospective five-year period and in the prescribed form. Therefore, the respondent’s action constituted a breach of the award.

Parties
Appellant: John Culbert; Respondent: The Clyde Engineering Company Limited
Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From Court of Petty Sessions of New South Wales to the High Court of Australia
Outcome
Appeal allowed. Determination of magistrate set aside. Matter remitted to magistrate with High Court's opinion. Respondent to pay appellant's costs of appeal.
Legal Topics
Industrial Arbitration, Apprenticeship, Award Interpretation, Retrospectivity, Breach of Award
Industrial Law Employment Law Industrial Arbitration Apprenticeship Award Interpretation Retrospectivity Breach of Award

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Parties

John Culbert

Appellant

The Clyde Engineering Company Limited

Respondent

Procedural Posture

Appeal / Appeal From Court of Petty Sessions of New South Wales to the High Court of Australia

Legal Issues

  1. 1 Whether an indenture of apprenticeship can retrospectively cover employment prior to its execution under an award prescribing a prospective five-year period and a prescribed form.
  2. 2 Whether such an indenture constitutes a breach of the applicable award.

Ratio Decidendi

An indenture of apprenticeship referring retrospectively to a period already passed is not in accordance with the award’s requirements that apprenticeships be set for a full prospective five-year period and in the prescribed form. Therefore, the respondent’s action constituted a breach of the award.

Court Disposition

Appeal allowed. Determination of magistrate set aside. Matter remitted to magistrate with High Court's opinion. Respondent to pay appellant's costs of appeal.

Orders

  • Appeal allowed.
  • Determination of stipendiary magistrate set aside.