CTHCthArbRp

Amalgamated Society of Carpenters and Joiners of Australia & Ors and Master Builders' Association of Victoria; Latrobe Valley Power Station Projects Building Trades Agreement [1980] CthArbRp 3352; (1980) 249 CAR 244; C Nos 4031 of 1974, 2933 of 1976, 49 and 654 of 1977; E4991 (18 December 1980)

austlii:cth/CthArbRp/1980/3352

CthArbRp|1980-12-18

At a glance

AI case summary

Result

appellant. The Commission refused to approve certain provisions of the Latrobe Valley Power Station Projects Building Trades Agreement on the basis that they were not 'suitable' within the meaning of s 29 of...

Key principles

The Commission, in determining whether to approve an industrial agreement under s 29 of the Conciliation and Arbitration Act 1904 (Cth), must consider whether the agreement is...
The suitability of an agreement is not determined solely by reference to the wishes of the parties, but requires an independent evaluative judgment by the Commission as to...
In assessing suitability, the Commission may have regard to the probable effect of the agreement on the general level of wages and conditions in the industry, including whether...
The Commission may refuse to approve an agreement where it would have adverse effects on the general level of wages and conditions, even if the parties are willing to be bound by...

Issues before the court

Whether the Commission was required to approve an industrial agreement under s 29 of the Conciliation and Arbitration Act 1904 (Cth) merely because...

Plain English Summary

This case concerned whether the industrial relations commission had to approve a workplace agreement just because the employer and unions agreed to it. The commission decided that it had an independent duty to check whether the agreement was 'suitable' - meaning appropriate and in the public interest - before approving it. The commission refused to approve parts of this building industry agreement because it would have disrupted standard wage rates and created unfair differences in pay. This established that the commission could say no to agreements even when both parties wanted them, if they would cause problems for the industry.

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Judgment (2 paragraphs)

[1]

Amalgamated Society of Carpenters and Joiners of Australia & Ors and Master Builders' Association of Victoria; Latrobe Valley Power Station Projects Building Trades Agreement [1980] CthArbRp 3352; (1980) 249 CAR 244; C Nos 4031 of 1974, 2933 of 1976, 49 and 654 of 1977; E4991 (18 December 1980)

[2]

Amalgamated Society of Carpenters and Joiners of Australia & Ors and Master Builders' Association of Victoria; Latrobe Valley Power Station Projects Building Trades Agreement [1980] CthArbRp 3352; (1980) 249 CAR 244; C Nos 4031 of 1974, 2933 of 1976, 49 and 654 of 1977; E4991 (18 December 1980)

At a glance

Result

Key principles

Issues before the court

Plain English Summary

Judgment (2 paragraphs)

Amalgamated Society of Carpenters and Joiners of Australia & Ors and Master Builders' Association of Victoria; Latrobe Valley Power Station Projects Building Trades Agreement [1980] CthArbRp 3352; (1980) 249 CAR 244; C Nos 4031 of 1974, 2933 of 1976, 49 and 654 of 1977; E4991 (18 December 1980)

Cited legislation

AI Analysis