True v Amalgamated Collieries of WA Limited [1940] UKPCHCA 1

.

62 C.L.R.] OF AUSTRALIA. 451

(PRIVY COUNCIL]

TRUE . 4 ¢ : f , : . APPELLANT ; PrarntiFF,

AND

LIMITED DEFENDANT,

AMALGAMATED COLLIERIES OF ie ReEsPONDENT.

ON APPEAL FROM THE HIGH COURT OF AUSTRALIA.

Industrial Arbitration (W.A.)—Award—Recovery of wages—Limitation of time— Privy Contract—Statutory right—Agreement to pay wages in accordance with award— COUNCIL. Industrial Arbitration Act 1912-1935 (W.A.) (No. 57 of 191 . 6 of 1935), 1940. sec. 176.

April 5. The Industrial Arbitration Act 1912-1935 (W.A.) provided, by see. 176 (2), vi coune that every worker should be entitled to be paid by his employer in accordance Cldecote, L.C., count

with any industrial agreement or award of the Court of Arbitration which was Ssnkey,

applicable, "notwithstanding any contract or pretended contract to the Thankerton, contrary, and such worker may recover as wages the amount to which he is Lord Russell hereby declared entitled in any court of competent jurisdiction, but every action for the recovery of any such amount must be commenced within twelve

months from the time when the cause of action arose."

and Lord Roche,

The plaintiff was employed by the defendant under a verbal contract to work as a miner at tonnage rates in accordance with the terms of an award of the Court of Arbitration, In an action which was not commenced within the time specified by sec. 176 (2) of the Act the plaintiff alleged that he had been underpaid and claimed payment of the amount of the deficiency on the basis that he was entitled to it by virtue of his contract.

Held that the time within which the plaintiff might sue to enforce the terms of his contract was not limited by sec. 176 (2): 'That sub-section presupposed the existence of a contract of employment which, as to its wages provision, was inconsistent with an industrial agreement or award; it dealt with such a case by giving the worker a statutory right to recover "as wages" the