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austlii:cth/CthArbRp/1993/945
appellant. The Full Bench of the Australian Industrial Relations Commission determined that it had power under s 111 of the Industrial Relations Act 1988 (Cth) to make awards in terms different from those...
This case established that the Australian Industrial Relations Commission has broad powers to make workplace awards under the Industrial Relations Act 1988. When making an award, the Commission must consider any agreement reached between employers and unions, but is not required to follow that agreement exactly. The Commission can modify the terms of an agreement if it thinks that is appropriate, particularly where the public interest requires it. This power is separate from the Commission's power to formally certify agreements, and can be used even if an agreement has not been certified. The decision confirmed that the Commission acts as a regulator of industrial relations, not merely a rubber stamp for agreements between parties.
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The Full Bench of the Australian Industrial Relations Commission determined that it had power under s 111 of the Industrial Relations Act 1988 (Cth) to make awards in terms different from those agreed between the parties, and that this power was not dependent upon prior certification of the agreement under s 112. The Commission held that it must have regard to the agreement reached between the parties, but was not bound to give effect to it in its exact terms. The Commission also held that the public interest was a relevant consideration in the exercise of its powers.