CTHCthArbRp

Bakery Employees' and Salesmen's' Federation of Australia and Confederation of Australian Capital Territory Industry [1980] CthArbRp 1843; (1980) 241 CAR 172; C No 5978 of 1980; E3352 (11 July 1980)

austlii:cth/CthArbRp/1980/1843

CthArbRp|1980-07-11

At a glance

AI case summary

Result

appellant. The Commission certified the agreement as a consent award, being satisfied that the agreement was not contrary to the public interest and that it provided for the settlement of the matters in...

Key principles

The Commission, in exercising its powers under s 31 of the Conciliation and Arbitration Act 1904 (Cth), must balance the competing considerations of the public interest, the...
The Commission is not bound to follow its own previous decisions, but will generally do so unless satisfied that the previous decision was wrong or that circumstances have changed.
In determining whether to grant a consent award, the Commission must be satisfied that the agreement is not contrary to the public interest and that it provides for settlement of...
The Commission has a discretion to refuse to certify an agreement if it considers that the agreement would have an adverse effect on the public interest, even where the parties...

Issues before the court

Whether the Commission should certify a consent award under s 31 of the Conciliation and Arbitration Act 1904 (Cth)
Whether the Commission is bound by its own previous decisions

Plain English Summary

The Australian Conciliation and Arbitration Commission decided to approve a workplace agreement between a bakery workers' union and employers in the ACT. Even though both sides agreed to the terms, the Commission had to check that the deal was in the public interest before making it official. After reviewing the agreement, the Commission was satisfied it met this test and certified it as an award.

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Judgment (2 paragraphs)

[1]

Bakery Employees' and Salesmen's' Federation of Australia and Confederation of Australian Capital Territory Industry [1980] CthArbRp 1843; (1980) 241 CAR 172; C No 5978 of 1980; E3352 (11 July 1980)

[2]

Bakery Employees' and Salesmen's' Federation of Australia and Confederation of Australian Capital Territory Industry [1980] CthArbRp 1843; (1980) 241 CAR 172; C No 5978 of 1980; E3352 (11 July 1980)

At a glance

Result

Key principles

Issues before the court

Plain English Summary

Judgment (2 paragraphs)

Bakery Employees' and Salesmen's' Federation of Australia and Confederation of Australian Capital Territory Industry [1980] CthArbRp 1843; (1980) 241 CAR 172; C No 5978 of 1980; E3352 (11 July 1980)

Cited legislation

AI Analysis