Burswood Resort (Management) Ltd v Australian Liquor, Hospitality and Miscellaneous Workers Union, Western Australian Branch

[2002] WASCA 355

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Industrial Law
2. › Jurisdiction
3. › Industrial matter — meaning — whether continuing industrial agreement precludes Commission jurisdiction
1. Industrial Law
2. › Industrial Agreements
3. › Expiry — continuation under s 41(6) — effect on Commission jurisdiction to make new award
1. Industrial Law
2. › Industrial Agreements
3. › Termination — retirement under s 41(7) — whether sole method of termination — s 41(8) substitution by new award
1. Industrial Law
2. › Awards
3. › Application for new award — lodged after expiry of industrial agreement — jurisdiction of Commission in Court Session

Quick Take

Practitioners advising employers should note that an expired industrial agreement continuing under s 41(6) does not prevent a union from lodging an application for a new award — the Commission retains jurisdiction, and the employer's best defence lies in substantive arguments (such as a 'no extra claims' clause) rather than a jurisdictional objection. A formal retirement notice under s 41(7) is not a prerequisite for the Commission to make a new award under s 41(8).