Australian Workers' Union - Hoechst Australia Limited Chemical Workers Award... [1978] CthArbRp 2416 | Case summary | Zoe

CTHCthArbRp

Australian Workers' Union - Hoechst Australia Limited Chemical Workers Award 1976 [1978] CthArbRp 2416; (1978) 209 CAR 647; C No 2527 of 1978; D6899 (23 August 1978)

austlii:cth/CthArbRp/1978/2416

CthArbRp|1978-08-23

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At a glance

AI case summary

Result

defendant. The application to insert a provision for paid leave for union delegates to attend union meetings was refused.

Key principles

The Commission, in determining whether to insert a provision for paid leave for union delegates to attend union meetings, must balance the competing considerations of the...
The Commission should not insert a provision for paid leave for union delegates to attend union meetings where the union has failed to demonstrate that the existing arrangements...
The Commission will not grant paid leave for union delegates to attend union meetings merely because such provisions exist in other awards, without evidence of particular...
The proper approach to determining whether paid leave for union delegates should be granted is to examine whether the nature of the work, the hours of work, or other...

Issues before the court

Whether the Commission should insert a provision in the award granting paid leave to union delegates to attend union meetings

Cited legislation

Plain English Summary

The Australian Workers' Union wanted to add a clause to the chemical workers award that would give union delegates 40 hours of paid leave each year to attend union meetings. The employer, Hoechst Australia, opposed this. The Commission refused the request because the union couldn't prove that it was actually necessary. Just because other awards had similar clauses wasn't enough—the union needed to show that the specific circumstances of this chemical plant (such as shift work) made it impossible or impractical to hold meetings outside work hours. The Commission said the union hadn't proven this, so the paid leave provision wasn't added to the award.

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Judgment (2 paragraphs)

[1]

Australian Workers' Union - Hoechst Australia Limited Chemical Workers Award 1976 [1978] CthArbRp 2416; (1978) 209 CAR 647; C No 2527 of 1978; D6899 (23 August 1978)

[2]

Australian Workers' Union - Hoechst Australia Limited Chemical Workers Award 1976 [1978] CthArbRp 2416; (1978) 209 CAR 647; C No 2527 of 1978; D6899 (23 August 1978)

At a glance

Result

Key principles

Issues before the court

Cited legislation

Plain English Summary

Judgment (2 paragraphs)

Australian Workers' Union - Hoechst Australia Limited Chemical Workers Award 1976 [1978] CthArbRp 2416; (1978) 209 CAR 647; C No 2527 of 1978; D6899 (23 August 1978)

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