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

High Court of Australia Latham C.J. Dixon and Fullagar JJ. Brownells Ltd v Ironmongers' Wages Board [1950] HCA 3

ORDER Brownells Limited v. The Ironmongers' Wages Board. Appeal allowed with costs. Order of Supreme Court discharged. Proviso to clause 6 of amended determination dated 3rd March, 1948 quashed. Order absolute with costs. Brownells Limited v. The Drapers' Wages Board. Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

April 5 Latham C.J.

These are appeals by special leave from orders of the Supreme Court of Tasmania (Morris C.J.) discharging orders nisi calling upon the Drapers' Wages Board and the Ironmongers' Wages Board to show cause why certain determinations of the Boards should not be quashed for illegality. The proceedings were taken under the Wages Boards Act 1920-1946 Tas., s. 62.

In each case it is objected that the Wages Boards which made the determinations were not established in accordance with the provisions of the Act.

The Wages Boards Act, 1920-1946, s. 11, provides—"(1) The Governor shall, by proclamation, establish a wages board for any trade in respect whereof both Houses of Parliament pass a resolution authorising the same. (2) When Parliament is not in session the Governor may, by proclamation, establish a wages board in respect of any trade."

By s. 6 of the Act the word "trade" is defined in the following terms:—" "Trade" means any function, process, industry, business, work, undertaking, occupation, profession, or calling, performed, carried on, or engaged in by an employer; and also includes a group of trades."

This is what "trade" means in this Act. In considering this Act it is not relevant to inquire into and seek to apply the meaning of "trade" according to general usage as was done in the case of R. v. Minister of Labour [3] .