"But is not an objection to the genuineness of the dispute that the purpose of delivering the log of claims is to create an industrial dispute which will thereby give the Commission jurisdiction to make an award: This is a necessary consequence of the doctrine that industrial disturbance or dislocation is not an essential element of an industrial dispute and that disagreement as to terms and conditions of employment in a particular industry constituted by non-acceptance of a log of claims is enough to bring such a dispute into existence And it is a recognition of the reality that generally lies behind paper disputes - the desire to create a dispute which will attract the jurisdiction of the Commission to make a general industrial award, that is, an award which will regulate terms and conditions of employment in the particular industry The point is that the unions serving the log of claims seek both the conditions and an award making provision for them The desire to give the Commission jurisdiction so that it can make an award must be a reflection of the organisation's desire to obtain the conditions "
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|
|
Australia - Commonwealth
|
|
Legal Online / Westlaw
|
|
1
|
(1985) 11 Ir 241
|
(1985) 11 IR 241
|
|
|
circa 1985
|
|
|
3
|
Burwood Cinema Ltd v Australian Theatrical and Amusement Employees' Association
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[1925] HCA 7; (1925) 35 CLR 528; 31 ALR 282
|
High Court of Australia
|
Australia - Commonwealth
|
1 May 1925
|
AustLII
|
|
194
|
Re Ludeke; Ex Parte Queensland Electricity Commission
|
[1985] HCA 55; (1985) 159 CLR 178; 60 ALR 641; 59 ALJR 694; (1985) 11 IR 368
|
High Court of Australia
|
Australia - Commonwealth
|
5 Sep 1985
|
AustLII
|
|
207
|
Re State Public Services Federation
|
[1993] HCA 30; (1993) 178 CLR 249; 113 ALR 385; 67 ALJR 577
|
High Court of Australia
|
Australia - Commonwealth
|
3 Jun 1993
|
AustLII
|
|
266
|
11 CLR 131
|
11 CLR 131
|
|
Australia - Commonwealth
|
circa 1925
|
Legal Online / Westlaw
|
|
1
|
11 Ir 241
|
11 IR 241
|
|
|
|
|
|
7
|
20 Ir 205
|
20 IR 205
|
|
|
|
|
|
5
|
42 Ir 357
|
42 IR 357
|
|
|
|
|
|
4
|
63 Ir 317
|
63 IR 317
|
|
|
|
|
|
4
|
153 CLR 376
|
153 CLR 376
|
|
Australia - Commonwealth
|
circa 1925
|
Legal Online / Westlaw
|
|
78
|