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

Appl hutleton y

Se oe

97 C.L.B.] OF AUSTRALIA. LT

[HIGH COURT OF AUSTRALIA.]

T. A. ROBINSON AND SONS ager APPELLANT ;

LIMITED DEFENDANT,

AND

HAYLOR . : 3 Fi ' 5 . ReEsponpenr. CoMPLAINANT,

Constitutional Law (Cth.)\—Federal and State laws—Inconsistency—Award of H.C. or A. conciliation commissioner—Power to deal with long service leave—Award 1957, silent thereon—State statute providing for long service leave—Validity—The = "~ Constitution (63 & 64 Vict. c. 12), 8. 109—Coneiliation and Arbitration Act SYDNEY, 1904-1956 (No. 13 of 1904—No. 44 of 1956)—Footwear Manufacturing Industry Nov. 12, 18.

Award 1951—Long Service Leave Act 1955 (N.S.W.). WeGS 'There is no inconsistency within s. 109 of the Constitution between the Wiliam, Webb,

Footwear Manufacturing Industry Award 1951, which operates pursuant to Kitty wid the Conciliation and Arbitration Act 1904-1956 (Cth.), and the Long Service Tylor JJ. Leave Act 1955 (N.S.W.) such as to displace the latter in its application to persons bound by such award.

'The doctrine formulated in Bx parte McLean (1930) 43 C.L.R. 472 has never been applied to the conclusion or reasons of a federal industrial arbitrator leading to his award but only to the award itself or to an agreement having the force of an award, and the Conciliation and Arbitration Act 1904-1956 gives paramountey to nothing save the provisions of the award or such an agreement

as aforesaid.

Appr from the Chief Industrial Magistrate at Sydney, New South Wales.

On 7th March 1957 Walter Norman Haylor laid a complaint pursuant to the Long Service Leave Act 1955 (N.8.W.), ss. 12 and 14, against T. A. Robinson & Sons Pty. Ltd. (hereinafter called the company) alleging that the company did at Alexandria in the State of New South Wales employ him, a worker, from February 1930 to 1st February 1957 and that on the termination of his employment on Ist February 1957 it did not forthwith pay to him in addition