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austlii:cth/CthArbRp/1983/398
defendant. The application for an award was refused. The Commission declined to exercise its discretion to make an award under s 45 of the Conciliation and Arbitration Act 1904 (Cth).
The Building Workers' Industrial Union applied to the industrial relations commission for an award to cover workers at Wylie and Skene Pty Ltd. However, the company and its workers already had a certified agreement in place. The commission decided not to make the award because the existing agreement was working well, there was no industrial dispute, and making an award would just create confusion and duplication. The commission emphasised that it has a choice whether to make an award and must consider whether it is really needed and in the public interest.
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The application for an award was refused. The Commission declined to exercise its discretion to make an award under s 45 of the Conciliation and Arbitration Act 1904 (Cth).