Authors

Greg McCarry

Date of this Version

1-1-1996

Document Type

Journal Article

Publication Details

McCarry, G. (1996). Genuine industrial dispute: Victoria v Australian Industrial Relations Commission & ALHMU; Attorney General for Queensland v Riordan & Ors. High court review, 2, 8 pp.

Abstract

Extract:

Where a first or new award is sought by a registered organisation (i.e. a union), a dispute is commonly created by service of a comprehensive set of written demands (a "log of claims") on employers and their associations in various states. This is accompanied by a letter that the demands be acceded to within a specified time. Employers ritually decline to accede. Since disagreement is of the essence of an industrial dispute, this process normally results in the creation of an inter-state industrial dispute. If the steps are carried out correctly, the legal efficacy of the so-called "paper dispute" is well established (see Re State Public Services Federation; Ex parte Attorney General for Western Australia (1993) 178 CLR 249 ("SPSF") at 267-268 per Mason CJ, Deane & Gaudron JJ, at 286 ff per Toohey J and at 305 per McHugh J, where the numerous earlier authorities for these propositions are gathered and discussed).