Association of Draughting, Supervisory and Technical Employees and The... [1982] CthArbRp 752 | Case summary | Zoe

CTHCthArbRp

Association of Draughting, Supervisory and Technical Employees and The Public Service Board & Ors [1982] CthArbRp 752; (1982) 272 CAR 652; C No 1943 of 1981; E9227 (30 March 1982)

austlii:cth/CthArbRp/1982/752

CthArbRp|1982-03-30

At a glance

AI case summary

Result

defendant. The Commission rejected the Crown's claim of immunity and upheld its jurisdiction to make awards binding the Crown in right of the Commonwealth. The preliminary objection was dismissed.

Key principles

The Conciliation and Arbitration Commission, constituted by Deputy President Isaac and Commissioner Hallett, held that the Commission has jurisdiction to make an award under s...
The Commission held that the Crown in right of the Commonwealth is bound by awards made under the Conciliation and Arbitration Act 1904 (Cth) by necessary implication, because...
The Commission distinguished between the Crown in right of the Commonwealth and the Crown in right of the States, noting that the constitutional basis for federal industrial...
The Commission held that the expression 'industrial dispute' in s 51(35) of the Constitution and the Act extends to disputes involving the Commonwealth as employer, and that the...

Issues before the court

Whether the Conciliation and Arbitration Commission has jurisdiction to make an award binding the Crown in right of the Commonwealth where the Crown...

Plain English Summary

This case established that the Australian Government (the Crown in right of the Commonwealth) must follow federal industrial relations laws and awards, even though these laws don't specifically say 'this applies to the government'. The Conciliation and Arbitration Commission decided that when Parliament made industrial relations laws, it must have intended for them to apply to government employees too. Otherwise, there would be a big gap in the system—government workers wouldn't have the same protections as other workers. The Commission said the Crown can be bound by laws 'by necessary implication'—meaning it's obvious from the purpose of the law that it should apply to the government. This was important because it meant unions could seek awards covering Commonwealth public servants, and the government couldn't claim it was immune from the industrial relations system.

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Judgment (2 paragraphs)

[1]

Association of Draughting, Supervisory and Technical Employees and The Public Service Board & Ors [1982] CthArbRp 752; (1982) 272 CAR 652; C No 1943 of 1981; E9227 (30 March 1982)

Association of Draughting, Supervisory and Technical Employees and The Public Service Board & Ors [1982] CthArbRp 752; (1982) 272 CAR 652; C No 1943 of 1981; E9227 (30 March 1982)

At a glance

Result

Key principles

Issues before the court

Plain English Summary

Judgment (2 paragraphs)

Association of Draughting, Supervisory and Technical Employees and The Public Service Board & Ors [1982] CthArbRp 752; (1982) 272 CAR 652; C No 1943 of 1981; E9227 (30 March 1982)

Cited legislation

AI Analysis