Federated Engine-Drivers and Firemen's Association of Australasia v Colonial Sugar Refining Company Limited [1916] HCA 10

376 HIGH COURT (1916.

(HIGH COURT OF AUSTRALIA.)

THE FEDERATED ENGINE-DRIVERS AND FIREMEN'S ASSOCIATION OF APPELLANTS} AUSTRALASIA

INFORMANTS,

AND

7 7 y THE COLONIAL SUGAR ea Rusron Deel

COMPANY LIMITED . DEFENDANTS,

ON APPEAL FROM A COURT OF PETTY SESSIONS OF VICTORIA, —

H.C. or A. Employer and Bmployee—Minimum wages—Industrial Arbitration—Award— 1916. Interpretation—'* Crane engine-driver."

By an award of the Commonwealth Court of Conciliation and Arbitration —

Merpourne, has Z ae a minimum rate of wages was fixed for, amongst other classes of engine- 'arch 23. ; ahi est drivers, "crane engine-drivers. Griffith .5., : i 4 Barton, Held, that that term denotes a person in charge of an engine by which a Rien JJ crane is operated, and includes a person who is in charge of an electric motor

supplied with electricity from an outside source together with a crane — operated by that motor.

APPEAL from a Court of Petty Sessions of Victoria.

At the Court of Petty Sessions at Melbourne an information was heard whereby the Federated Engine-Drivers and Fire- men's Association of Australasia, an organization registered under — the Commonwealth Conciliation and Arbitration Act 1904--— 1914, charged that between 29th August 1914 and 25th October 1915 the Colonial Sugar Refining Co. Ltd., after due demand, refused and neglected to pay to one James Dickson, one of their employees and a member of the organization, the wages fixed by

210.L.R.) OF AUSTRALIA.

an award of the Commonwealth Court of Conciliation and Arbitration dated 20th November 1913, and thereby wilfully -made default in compliance with such award. By that award the minimum rate of wages payable by the defendants to a "erane engine-driver," if the crane exceeded five tons, was 10s. 6d. per day. The award also fixed minimum rates of wages for "locomotive-drivers," "winding engine-drivers," "traction engine-drivers (steam or oil)," "winch-drivers," and "other engine-drivers." It was further provided by the award that its provisions should apply, "except where the contrary intention appears, to persons engaged in the several occupations referred to, whether the motive-power be steam, electricity, coal gas, suction gas, pressure gas, air, oil, or any other motive-power, other than hand-power or animal-power."