CTHCthArbRp

Federated Clerks Union of Australia v Ampol

austlii:cth/CthArbRp/1960/62

CthArbRp|1960-03-04

At a glance

AI case summary

Result

defendant. The application by the Federated Clerks Union of Australia was dismissed. The Commission held that neither the Clerks (Wool Stores Etc) Award 1955 nor the Wool Brokers Staff Interim Award 1954...

Key principles

The Commonwealth Conciliation and Arbitration Commission held that the Clerks (Wool Stores Etc) Award 1955 did not apply to clerical work performed at wool stores operated by...
The Commission determined that the phrase 'in or in connection with the wool industry' in the award required a substantial and direct connection with the wool industry, not...
The Commission held that the Wool Brokers Staff Interim Award 1954 applied only to employees of wool brokers and selling brokers, and that petroleum companies storing wool as...
The Commission found that the Federated Clerks Union of Australia had failed to establish that the work performed by clerks at the respondents' wool stores was work 'in or in...

Issues before the court

Whether the Clerks (Wool Stores Etc) Award 1955 applied to clerical employees of petroleum companies (Ampol and Alba Petroleum) performing work at...

Plain English Summary

This case decided that clerks working at wool stores owned by petroleum companies weren't covered by wool industry awards. The court said that just because a company stores wool doesn't mean its clerks work 'in the wool industry.' The companies' main business was selling petrol, not wool. The wool storage was just a side activity. To be covered by a wool industry award, the work needed to have a real and substantial connection with the wool industry, not just an incidental one. The petroleum companies weren't wool brokers either, so a second award also didn't apply.

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Judgment (2 paragraphs)

[1]

Federated Clerks Union of Australia v Ampol (Alba) Petroleum Pty Ltd & Ors; The Clerks (Wool Stores Etc) Award 1955; The Wool Brokers Staff Interim Award 1954; Ampol (Alba) Petroleum Pty Ltd & Ors; The Employers Association of Wool Selling Brokers v The Federated Clerks Union of Australia and The Wool Brokers Staffs Association [1960] CthArbRp 62; (1960) 94 CAR 107; A7311 (4 March 1960)