Montgomery v Australian Master Hairdressers' and Wigmakers' Federation Informants

The Australian Master Hairdressers' and Wigmakers' Federation (the informant) charged John Montgomery with breaching an industrial agreement. The agreement purported to regulate the relationship between the informant, a registered organization, and the Victorian Branch of the Australian Hairdressers', Wigmakers' and Hairworkers' Employés' Federation. The matter was heard by a Police Magistrate exercising federal jurisdiction, who convicted Mr. Montgomery. An order nisi was granted to review this decision.

The central legal issue before the court was whether the agreement, as executed between a registered organization and a branch of another organization, constituted a valid "industrial agreement" under the Commonwealth Conciliation and Arbitration Act 1904-1911, such that a breach thereof could attract the penal consequences prescribed by the Act. Specifically, the court had to determine if the agreement met the requirements of sections 73 and 75 of the Act, which define and govern industrial agreements.

The court reasoned that section 73 of the Act permits an organization to make an industrial agreement with "any other organization or with any person." Section 75 further stipulates that the names of all organizations and persons party to such an agreement must be truly stated. In this instance, the agreement was made between the informant organization and the Victorian Branch of another federation. The court found that the Victorian Branch, not being a registered organization itself, did not fall within the definition of an "organization" or a "person" as contemplated by the Act. Consequently, the agreement was not made between the parties specified in the relevant sections of the Act, and therefore, it could not be considered a valid industrial agreement for the purposes of enforcement under the Act.

The appeal was allowed, and the conviction was quashed.