CTHCthArbRp

Federated Miscellaneous Workers Union of Australia and Tidewater Port Jackson Marine Pty Limited & Ors; The Wharves and Ships Watchmen's (Northern Territory) Award 1976 [1976] CthArbRp 1757; (1976) 178 CAR 933; C No 4079 of 1974; D233 (4 August 1976)

austlii:cth/CthArbRp/1976/1757

CthArbRp|1976-08-04

At a glance

AI case summary

Result

procedural. The Commission made the Wharves and Ships Watchmen's (Northern Territory) Award 1976, covering watchmen employed on vessels in Northern Territory waters, with specified rates of pay, hours of...

Key principles

The Commission, in exercising its conciliation and arbitration powers under the Conciliation and Arbitration Act 1904 (Cth), must determine whether the proposed award variation...
The Commission must assess whether the work performed by watchmen on vessels in Northern Territory waters falls within the scope of the existing award or requires a separate...
The Commission has jurisdiction to make an award covering watchmen employed on vessels in the Northern Territory, notwithstanding that such employees may also be subject to...
The Commission must consider whether the employment relationship is sufficiently connected to the Northern Territory to warrant coverage under a Northern Territory award, having...

Issues before the court

Whether the Commission has jurisdiction to make an award covering watchmen employed on vessels in Northern Territory waters
Whether the work performed by watchmen on vessels is covered by an existing federal navigation award or requires separate award coverage

Plain English Summary

This case concerned whether the industrial tribunal could make an award for security guards (watchmen) working on ships in Northern Territory waters. The employers argued that federal shipping laws meant these workers couldn't be covered by a territory award. The Commission decided it did have power to make the award because the workers were hired in the Northern Territory, their job was mainly about security rather than sailing the ship, and federal shipping laws didn't cover this type of work. The Commission then set pay rates and working conditions for these watchmen.

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Judgment (2 paragraphs)

[1]

Federated Miscellaneous Workers Union of Australia and Tidewater Port Jackson Marine Pty Limited & Ors; The Wharves and Ships Watchmen's (Northern Territory) Award 1976 [1976] CthArbRp 1757; (1976) 178 CAR 933; C No 4079 of 1974; D233 (4 August 1976)

[2]

Federated Miscellaneous Workers Union of Australia and Tidewater Port Jackson Marine Pty Limited & Ors; The Wharves and Ships Watchmen's (Northern Territory) Award 1976 [1976] CthArbRp 1757; (1976) 178 CAR 933; C No 4079 of 1974; D233 (4 August 1976)

At a glance

Result

Key principles

Issues before the court

Plain English Summary

Judgment (2 paragraphs)

Federated Miscellaneous Workers Union of Australia and Tidewater Port Jackson Marine Pty Limited & Ors; The Wharves and Ships Watchmen's (Northern Territory) Award 1976 [1976] CthArbRp 1757; (1976) 178 CAR 933; C No 4079 of 1974; D233 (4 August 1976)

Cited legislation

AI Analysis