Federated Engine-Drivers & Firemen's Association of Australasia v Colonial Sugar Refining Co Ltd [1916] HCA 10; (1916) 21 CLR 376 (23 March 1916)

HIGH COURT OF AUSTRALIA

The Federated Engine-Drivers and Firemen's Association of Australasia Informants, Appellants; and The Colonial Sugar Refining Company Limited Defendants, Respondents.

H C of A

On appeal from a Court of Petty Sessions of Victoria.

23 March 1916

Griffith C.J., Barton, Isaacs and Rich JJ.

Schutt, for the appellants.

Starke, for the respondents.

Griffith C.J.

The question to be determined in this case is short and simple. An award of the President of the Commonwealth Court of Conciliation and Arbitration awarded to a "crane engine-driver," if the crane exceeded five tons, a minimum wage, in the present case, of 10s. 6d. per day. The man Dickson, in respect of whom the complaint was made, was in charge of an electric motor by which a crane was operated. It happens from the nature of such motors that the supply, degree, and cessation of power are regulated by pressing a button. In the case of a crane operated by steam, the supply, degree, and cessation of power are regulated by a lever which operates upon a valve, and similarly in the case of a crane operated by gas. But the difference in the difficulty or simplicity of the operation performed does not seem to me to make any essential difference in its character. The care required from the person who performs the operation is equally great in each case. As a matter of construction I think that, even if the term "crane engine-driver" is not generally known in the trade, it sufficiently denotes a person in charge of an engine by which a crane is operated.

I therefore come to a different conclusion from that of the Magistrate, and think that the appeal should be allowed.

Barton J.

I agree.

Isaacs J.

I agree.

Rich J.

I agree.

Appeal allowed. Defendants fined 10s., and to pay £5 5s. for costs below. Respondents to pay costs of appeal.

Solicitor for the appellants, H. H. Hoare.

Solicitors for the respondents, Derham, Robertson & Derham.