Colvin v Bradley Brothers Pty Ltd [1943] HCA 41

Colvin v Bradley Brothers Pty Ltd [1943] HCA 41

The Commonwealth industrial award expressly permitted employers to employ females on specified work, including operation of milling machines, unless a Board of Reference declared it unsuitable; the State order purported to prohibit such employment without relevant permit. Since there was no Board of Reference declaration nor permit, the permission under the federal award directly conflicted with the State prohibition. Under s. 109 of the Constitution, the federal award prevails and the State order is invalid to the extent of inconsistency. Therefore, the magistrate's acquittal was correct.

Parties
Appellant: William Cargill Colvin; Respondent: Bradley Bros. Pty. Ltd.
Jurisdiction
Australia
Procedural Posture
Appeal by Way of Case Stated / High Court Appeal From Magistrate's Acquittal
Outcome
Appeal dismissed; magistrate's acquittal affirmed.
Legal Topics
Inconsistency of Commonwealth and State Laws, Employment of Females in Factories, Operation of S. 109 of the Constitution, Effect of Federal Industrial Awards on State Law
Constitutional Law Industrial Law Employment Law Inconsistency of Commonwealth and State Laws Employment of Females in Factories Operation of S. 109 of the Constitution Effect of Federal Industrial Awards on State Law

Case Brief

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Parties

William Cargill Colvin

Appellant

Bradley Bros. Pty. Ltd.

Respondent

Procedural Posture

Appeal by Way of Case Stated / High Court Appeal From Magistrate's Acquittal

Legal Issues

  1. 1 Whether an order made under State law prohibiting the employment of females on milling machines is inconsistent with a Commonwealth industrial award permitting such employment, thus rendering the State order invalid under s. 109 of the Constitution.

Ratio Decidendi

The Commonwealth industrial award expressly permitted employers to employ females on specified work, including operation of milling machines, unless a Board of Reference declared it unsuitable; the State order purported to prohibit such employment without relevant permit. Since there was no Board of Reference declaration nor permit, the permission under the federal award directly conflicted with the State prohibition. Under s. 109 of the Constitution, the federal award prevails and the State order is invalid to the extent of inconsistency. Therefore, the magistrate's acquittal was correct.

Court Disposition

Appeal dismissed; magistrate's acquittal affirmed.

Orders

  • Appeal dismissed with costs.
  • Order of magistrate affirmed.