Leighton Contractors Pty Limited and The Building Workers Industrial Union... [1986] CthArbRp 751 | Case summary | Zoe

CTHCthArbRp

Leighton Contractors Pty Limited and The Building Workers Industrial Union of Australia [1986] CthArbRp 751; (1986) 303 CAR 867; C No 5239 of 1986; G6180 (22 December 1986)

austlii:cth/CthArbRp/1986/751

CthArbRp|1986-12-22

At a glance

AI case summary

Result

procedural. The Commission granted an order under s 45 of the Conciliation and Arbitration Act 1904 (Cth) restraining the union from taking or authorising industrial action in connection with the dispute.

Key principles

The Commission has jurisdiction to make an order under s 45 of the Conciliation and Arbitration Act 1904 (Cth) restraining industrial action where the action is in breach of an...
The Commission's power under s 45 is not limited to restraining breaches of existing awards or agreements; it extends to restraining industrial action that would impede or...
The Commission may have regard to the public interest and the national interest when exercising its discretion under s 45, including the economic consequences of industrial...
The Commission should balance the competing interests of the parties, including the right to take industrial action (where not prohibited by an award or agreement) against the...

Issues before the court

Whether the Commission has jurisdiction under s 45 of the Conciliation and Arbitration Act 1904 (Cth) to restrain industrial action that is not...

Plain English Summary

The Australian Conciliation and Arbitration Commission decided that it had power to stop a union from taking industrial action even when that action wasn't breaking any existing workplace agreement. The case involved a building company working on major projects including the Alice Springs to Darwin railway. The union wanted a new award and was taking strike action. The Commission said it could stop this action because it would interfere with resolving the dispute properly, and because the strikes could harm important national projects. The Commission also noted that the union hadn't followed proper procedures before striking.

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Judgment (2 paragraphs)

[1]

Leighton Contractors Pty Limited and The Building Workers Industrial Union of Australia [1986] CthArbRp 751; (1986) 303 CAR 867; C No 5239 of 1986; G6180 (22 December 1986)

[2]

Leighton Contractors Pty Limited and The Building Workers Industrial Union of Australia [1986] CthArbRp 751; (1986) 303 CAR 867; C No 5239 of 1986; G6180 (22 December 1986)

At a glance

Result

Key principles

Issues before the court

Plain English Summary

Judgment (2 paragraphs)

Leighton Contractors Pty Limited and The Building Workers Industrial Union of Australia [1986] CthArbRp 751; (1986) 303 CAR 867; C No 5239 of 1986; G6180 (22 December 1986)

Cited legislation

AI Analysis