Australian Boot Trade Employees Federation v Universal Injection Moulders... [1958] CthArbRp 23 | Case summary | Zoe

CTHCthArbRp

Australian Boot Trade Employees Federation v Universal Injection Moulders Pty Ltd & Ors [1958] CthArbRp 23;

austlii:cth/CthArbRp/1958/23

CthArbRp|1958-02-17

At a glance

AI case summary

Result

defendant. The Commission declared that Universal Injection Moulders Pty Ltd was bound by the Boot Trade Award and was required to comply with its provisions regarding wages and conditions for employees...

Key principles

The Commonwealth Conciliation and Arbitration Commission (the Commission) held that where an employer engages in work that falls within the scope of an existing federal award,...
The Commission determined that the 'follow the job' principle applies to bind subsequent employers who take over or continue work of a nature that was previously subject to an...
The Commission held that the question of whether an employer is bound by an award is determined by reference to the character of the work performed, not merely by the identity of...
The Commission found that the injection moulding work performed by the respondent was industrial work of a character covered by the Boot Trade Award, and that the respondent was...

Issues before the court

Whether an employer who was not a party to the making of a federal award is bound by that award when performing work of a character covered by the...

Plain English Summary

This case established that employers can be bound by industrial awards even if they weren't involved in making them, if they do work covered by the award. Universal Injection Moulders made boot parts using new injection moulding technology. The Boot Trade Employees Federation argued they had to pay award wages. The company said it wasn't bound because it used different technology and wasn't a party to the original award. The Commission ruled that what matters is the type of work being done, not the specific technology used or whether the employer helped make the award. Because the work was still boot manufacturing, the company had to follow the award. This is known as the 'follow the job' principle—award conditions follow the work, not just the original employers.

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Judgment (2 paragraphs)

[1]

Australian Boot Trade Employees Federation v Universal Injection Moulders Pty Ltd & Ors [1958] CthArbRp 23; (1958) 88 CAR 757; C No 829 of 1957; A6062 (17 February 1958)

[2]