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austlii:cth/CthArbRp/1968/88
appellant. The Commission held that it had jurisdiction to make an award binding on Nestle Company (Australia) Ltd in respect of all members of the Amalgamated Engineering Union (Australian Section) employed...
This case established that when there's an industrial dispute involving some members of a union, the industrial relations commission can make an award that covers all members of that union employed by the same employer - not just those directly involved in the dispute. The key point is that if the dispute is about general terms and conditions of employment (like wages or hours) that apply to all union members, then the award can apply to everyone, even if only some workers were actually involved in the original dispute. This gives unions broader coverage in awards and prevents employers from having different conditions for workers doing similar jobs just because some weren't part of the original dispute.
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The Commission held that it had jurisdiction to make an award binding on Nestle Company (Australia) Ltd in respect of all members of the Amalgamated Engineering Union (Australian Section) employed by Nestle, including those not engaged in the particular work that was the subject of the industrial dispute, and proceeded to make the award accordingly.