Federated Clerks Union of Australia v Victorian Employers Federation1
| Author | Penelope Giles |
| DOI | 10.1177/0067205X8501500405 |
| Published date | 01 December 1985 |
| Date | 01 December 1985 |
| Subject Matter | Article |
FEDERATED CLERKS UNION
OF
AUSTRALIA vVICTORIAN
EMPLOYERS FEDERATIONI
Industrial law -Victorian award relating to notification
and
consultation
by
employers
in
relation to proposed technological change -Applicability
of
principles under the Conciliation andArbitration
Act
1904 (Cth) -Current
status
of
traditional dichotomy between industrial matters
and
managerial I
prerogative -Commercial Clerks Award Clause
39
-Industrial Relations
Act
1979 (Vic)
5S
3(1), 34(1) -Conciliation
and
Arbitration
Act
1904 (Cth)
In amajority decision
on
20 August 1984, the High Court upheld
an
appeal by the Federated Clerks Union, and ruled that aclause in aVictorian
industrial award requiring employers to notify
and
consult with the Union
on
technological change was valid. While the case primarily turned
on
a
construction
of
the Industrial Relations
Act
1979
(Vic), the decision may
well
have significant implications for cases arising under the Conciliation and
'I
Arbitration
Act
1904(Cth),
on
the extent
of
the Conciliation
and
Arbitra-
tion Commission's jurisdiction to settle industrial disputes by award. The
broad approach adopted by the majority in this case, reflects that
of
the recent
Social Welfare Union case, in which the HIgh Court held
that
the expression
"industrial dispute" in s
51
(xxxv)
of
the Constitution should be given its broad
and
natural meaning.2
Two main themes emerge from the judgments:
(i) consultation with, and notification
of
unions by employers, about tech-
nological change in the workplace,
is
an "industrial matter" within the
meaning
of
the Industrial Relations
Act
1979 (Vic);
(ii) the conventional distinction between "managerial prerogatives"
and
"industrial matters" in relation to arbitration legislation has been
questioned.
Background
In
February 1981, the Victorian Commercial Clerks Conciliation and
Arbitration Board, established under the Industrial Relations
Act
1979(Vic)
met to consider aclause proposed by the Federated Clerks Union, for insertion
in the Commercial Clerks Award. The clause provided that employers
I(1984)
54
ALR
489; (1984)
58
ALJR
475; 8IR 157; High Court
of
Australia; Gibbs
CJ,
Mason, Murphy, Wilson and Deane
JJ.
2
Re
Coldham;
Ex
parte the Australian Social Welfare Union (1983)
57
ALJR
574.
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