Monard v H M Leggo and Company Limited [1923] HCA 53

33 C.L.R.] OF AUSTRALIA. 155

or otherwise ascertained at the rate, not exceeding 7 per cent, which H. ©. or A. at the time of fixing and determining it, whether initially or on ee revision, is the rate that the State under its then existing obligation Marmwe js bound by law to pay in respect of the moneys it has borrowed gboserely and actually lent to the public body. TON AND

Burnie

2. In each case order as stated in the judgment of Tue Krxe. Knox C.J. and Gavan Duffy J.

Solicitors for the appellants, Ritchie & Parker Alfred Green & Co., Launceston, by Simmons, Wolfhagen, Simmons & Walch; Crisp & Edwards, Burnie, by Griffiths, Crisp & Baker.

Solicitor for the respondent, 4. Banks Smith, Crown Solicitor for

Tasmania. B.L.

{HIGH COURT OF AUSTRALIA.)

MONARD E s ¢ - 5 5 ' . APPELLANT; C' MPLAINANT,

AND

H. M. LEGGO & COMPANY LIMITED... Responpenr. Devenpant,

ON APPEAL FROM A COURT OF PETTY SESSIONS OF VICTORIA.

H.C. oF A. Industrial Arbitration—Agreement between parties to industrial dispute—Binding " ygoe

effect of agreement—Kxtended period of operation—Rights of members of organiza- tion under agreement made with organization — One award —One dispute— Mernourne, Commonwealth Conciliation and Arbitration Act 1904-1921 (No. 13 of 1904— ay 9, 10 No. 29 of 1921), secs. 24, 28. Nov. 8.

Held, that it follows as a consequence of the provision of sec. 24 (1) of the Knox C.J.,

Commonwealth Conciliation and Arbitration Act 1904-1921, which gives to an Isaacs, Higgins,

. ' F b Rich and agreement between parties to an industrial dispute the effect of an award, starkeJ),

H. C. or A. 1923. w

Mownarp v. H. M. Lecco & Co. Lrp.

HIGH COURT [1923..

(1) that the provision in sec. 28 (2) that after the expiration of the period specified in an award for its operation the award shall continue in force until a new award is made applies to an agreement made and filed pursuant to see. 24 (1); and (2) that, where such an agreement is made between an organization of employees and a number of employers specifying the rates of wages payable by those employers to their employees who are members of the organization, one of those employees has a right of action against his employer for wages payable under the agreement in respect of the period during which the agree- ment continues to operate.