T A Robinson and Sons Pty Ltd v Haylor [1957] HCA 76

T A Robinson and Sons Pty Ltd v Haylor [1957] HCA 76

There is no inconsistency within s. 109 of the Constitution between the Footwear Manufacturing Industry Award 1951 and the Long Service Leave Act 1955 (N.S.W.) as the award is silent on long service leave, therefore the State Act applies to persons bound by that award. The doctrine of inconsistency covers only the...

Source-derived case information.

Parties
Appellant: T. A. Robinson & Sons Pty. Ltd.; Respondent: Walter Norman Haylor
Jurisdiction
Australia
Procedural Posture
Appeal / High Court of Australia, Appeal by Special Leave From the Chief Industrial Magistrate at Sydney
Outcome
Appeal dismissed with costs.
Legal Topics
Inconsistency Between Federal and State Laws, Effect of Commonwealth Awards on State Industrial Laws, Long Service Leave Entitlements
Constitutional Law Industrial Law Employment Law Inconsistency Between Federal and State Laws Effect of Commonwealth Awards on State Industrial Laws Long Service Leave Entitlements

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Parties

T. A. Robinson & Sons Pty. Ltd.

Appellant

Walter Norman Haylor

Respondent

Procedural Posture

Appeal / High Court of Australia, Appeal by Special Leave From the Chief Industrial Magistrate at Sydney

Legal Issues

  1. 1 Whether the Long Service Leave Act 1955 (N.S.W.) is inconsistent with the Footwear Manufacturing Industry Award 1951 under s. 109 of the Constitution, thereby invalid to the extent of inconsistency.
  2. 2 Whether the silence of the Commonwealth award on long service leave excludes the operation of the State Act.

Ratio Decidendi

There is no inconsistency within s. 109 of the Constitution between the Footwear Manufacturing Industry Award 1951 and the Long Service Leave Act 1955 (N.S.W.) as the award is silent on long service leave, therefore the State Act applies to persons bound by that award. The doctrine of inconsistency covers only the express provisions of an award, not its omissions nor its reasons.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.