Conciliation and arbitration — interstate industrial dispute - concept of "interstateness " HEADNOTES Facts The Australasian Meat Industry Employees Union [AMIEU] served logs of claims upon some thirty employers in the meat industry. Twenty-three of these employers were in the State of New South Wales, six were in Queensland, and one was in South Australia. The log sought payment on a "time" rather than a "tally" or "piecework" basis. The log identified some 19 classifications of work. Of these, only six applied to establishments outside New South Wales. The Australian Industrial Relations Commission [AIRC] made a "dispute-find- ing" on the basis of the rejection of this log. This was an essential pre-condition of the making of an award under the Industrial Relations Act 1988 (Cth). A number of the respondent employers then initiated a High Court challenge to the Commis- sion's jurisdiction to deal with the matter. The essence of the employers' argument was: (i) that there was no single dispute extending beyond the limits of any one State within the meaning of section 51 (xxxv) of the Australian Constitution, but rather that there were a series of individual disputes, only a few of which extended beyond the
International Labour Law Reports Online – Brill
Published: Jan 1, 1992
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