CTHCthArbRp

Australian Workers' Union and Advance Concrete Products Pty Limited & Ors; The Australian Workers' Union and Qualbox Pty Limited [1976] CthArbRp 2889; (1976) 182 CAR 914; C Nos 2648 and 2776 of 1975; D1643 (16 December 1976)

austlii:cth/CthArbRp/1976/2889

CthArbRp|1976-12-16

At a glance

AI case summary

Result

defendant. The Commission held that it had jurisdiction to make awards binding on the respondent employers under s 38 of the Conciliation and Arbitration Act 1904 (Cth). The applications for awards were to...

Key principles

The Conciliation and Arbitration Commission, constituted by Deputy President Isaac, determined that the Commission has jurisdiction to make an award binding on an employer...
The Commission held that s 38 operates to extend the binding effect of awards to employers who are not parties to the dispute but who are engaged in the industry covered by the...
The Commission determined that the proper construction of s 38 requires that the award must be expressed to bind employers in the industry, and that the employer in question must...
The Commission held that the phrase 'engaged in the industry' in s 38 is not limited to direct participation in industrial activities but extends to employers whose business...

Issues before the court

Whether the Conciliation and Arbitration Commission has jurisdiction to make an award binding on an employer who is not a member of an employer...

Plain English Summary

This case established that the industrial relations tribunal could make awards that bind employers even if those employers were not directly involved in the dispute or members of an employer organisation. The key was whether the employer was 'engaged in the industry' covered by the award. This allowed unions to seek award coverage for all employers in an industry, not just those who were parties to disputes, ensuring fair competition and consistent employment conditions across industries.

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Judgment (2 paragraphs)

[1]

Australian Workers' Union and Advance Concrete Products Pty Limited & Ors; The Australian Workers' Union and Qualbox Pty Limited [1976] CthArbRp 2889; (1976) 182 CAR 914; C Nos 2648 and 2776 of 1975; D1643 (16 December 1976)

[2]

Australian Workers' Union and Advance Concrete Products Pty Limited & Ors; The Australian Workers' Union and Qualbox Pty Limited [1976] CthArbRp 2889; (1976) 182 CAR 914; C Nos 2648 and 2776 of 1975; D1643 (16 December 1976)

At a glance

Result

Key principles

Issues before the court

Plain English Summary

Judgment (2 paragraphs)

Australian Workers' Union and Advance Concrete Products Pty Limited & Ors; The Australian Workers' Union and Qualbox Pty Limited [1976] CthArbRp 2889; (1976) 182 CAR 914; C Nos 2648 and 2776 of 1975; D1643 (16 December 1976)

Cited legislation

AI Analysis