John Heine and Son Limited v Pickard [1921] HCA 47

H.C. or A, Industrial Arbitration—Award—Minimum rate of wages—Apprenticer—Faioal

1921. = Sypxey, Noe. 17.

Koox ¢- ich starke dd.

HIGH COURT (usa,

(HIGH COURT OF AUSTRALIA.)

JOHN HEINE & SON LIMITED . Apprtant;

PICKARD ResPonpent,

or State minimum.

'By an award of the Commonwealth Court of Conciliation and Arbitration it was provided that " Except as provided in sub-clause (g) the minimum ta of wages to be paid by any respondent toapprentices shall be as fllows:—" (Then followed certain sums per week for each year of service.) Sub-cluse(j) provided that an employee who complied with certain conditions should te deemed to be an apprentice, and concluded : "And the minimum rate to be paid to him from time to time shall not be less than the minimum rate pre- soribed by or under the appropriate State law."

Held, that where the appropriate State laws prescribed for such an employee '4 minimum rate less than that prescribed by the Federal award he was entitled to receive payment at rate not less than the minimum rate preseribed by the Federal award,

Appeat from a Stipendiary Magistrate of New South Wales Before a Stipendiary Magistrate of New South Wales exercising Federal jurisdiction, an information was heard whereby Harty Pickard alleged that John Heine & Son Ltd., which was bound by an award of the Commonwealth Court of Conciliation and Arb: tion of 14th June 1921, wherein the Amalgamated Society of Engineers was the claimant and the company (among others) wit a respondent, committed a breach of such award by failing 0 ps to Arthur Stephen McNamara, an employee in its employ, the sum of £20 Ils. 8d. for wages earned by him between 3oth May 1921

OLR.) OF AUSTRALIA,

ad 10th September 1921, such non-payment being contrary to fie award. A complaint by McNamara to recover the same sum "fm the company, as being money in respect of which the company "as indebted to McNamara for the balance of wages payable in spect of the same period, was heard at the samo time -YeNamara was, on Sth August 1916, apprenticed to the company "fora period of five years in the trade of a fitter, by articles of appren- "tixship which expired on 10th September 1921. By an award of 'the Court of Industrial Arbitration of New South Wales of 4th "December 1919 as varied by an order of that Court of 22nd October "1920 (which applied to McNamara) the minimum rate of wages "jyable to apprentices during the fifth year of their service was fixed at 47s, 6d. per week, and during the period 30th May 1921 to [ith September 1921 McNamara was paid at that rate, By an "ward of the Commonwealth Court of Conciliation and Arbitration, "ale in a dispute in which the Amalgamated Society of Engineers "yas claimant and which award was binding on the company, which "was one of the respondents, it was provided by clause 2 as follows _ (far as is material) :—" (a) Except as provided in sub-clause (9) "the minimum rates of wages to be paid by any respondent to "apprentices shall be as follows :— . . . Fifth year—70s. " (g) Notwithstanding the premises any employee under 21 years in the employment of a respondent on Ist January 1921 on tems permitted by the appropriate State laws shall be deemed 'tobe an apprentice if either (2) he has been bound before that "tate for a period not exceeding six years or if (b) within two uonths after the date of the award he become bound as an apprentice "tnder @ suitable indenture for five years' apprenticeship binding _ the employer in either case (a) or (b) to teach the employee one of the hereinbefore mentioned trades in or in connection with which the employee has been working. And the period of his working