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"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 "   flag  1

182 CLR 178
Commonwealth Law Reports
Australia - Commonwealth

Cases Referring to this Case

Case Name Citation(s) Court Jurisdiction †  Date Full Text Citation Index
Australian Municipal, Administrative, Clerical and Services Union v A'Beckett (EC) & Co - 653/98 S Print Q1658 [1998] AIRC 838 Australian Industrial Relations Commission Australia 19 Jun 1998 AustLII flag

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