Administrative and Clerical Officers Association, Australian Government Employment & Anor v Canberra Commercial Development Authority & Ors [1986] FCA 522

CATCHWORDS

INDUSTRIAL LAW - Conciliation and Arbitration Act - Determination under Public Service Arbitration Act - deemed to be an Award under Conciliation and Arbitration Act - Canberra Commercial Development Authority party to determination - Right of Minister to abolish Authority under Commonwealth Functions (Statutes Review) Act 1981 - Inconsistency between term of an Award and provision of Commonwealth Employees (Redeployment and Retirement)

Act 1979 - Meaning of "with effect on and from" ins.7 of

Commonwealth Functions (Statutes Review) Act.

Conciliation and Arbitration Act 1904 - ss. 4, 110, 118A Conciliation and Arbitration Amendment Act {No. 2) 1983 - ss. 40, 43(2)(a)

Commonwealth Employees (Redeployment and Retirement) Act 1979 Commonwealth Functions (Statutes Review) Act 1981

Public Service Arbitration Act 1920

Canberra Commercial Development Authority Ordinance 1974

Federal Court of Australia Act 1976 - ss. 21, 32(1)

Public Service Act (Cth), 1922

>

Green v Philippine Consulate-General 1971 V.R. 12 Royal Australian Nursing Federation, Tasmanian Branch v_ Fawdry Full Court, Federal Court of Australia, 8 October 1986

(unreported)

ADMINISTRATIVE AND CLERICAL OFFICERS' ASSOCIATION, AUSTRALIAN GOVERNMENT EMPLOYMENT AND HAROLD HIRD v THE CANBERRA COMMERCIAL

DEVELOPMENT AUTHORITY, PETER WILENSKI, ROGER BEALE, GRAHAM GLENN AND THE HONOURABLE GORDEN GLEN DENTON SCHOLES

NO. NSW I 2 of 1986 EVATT J

Sydney

7 November 1986

SITET

a res > wot

ae

ao.

IN THE FEDERAL COURT OF AUSTRALIA } NEW. SOUTH WALES DISTRICT REGISTRY ) No. NSW I 2 of INDUSTRIAL DIVISION ) 1986

IN THE MATTER of the Conciliation and Arbitration Act 1904-1980

BETWEEN: ADMINISTRATIVE AND CLERICAL OFFICERS' ASSOCIATION, AUSTRALTAN GOVERNMENT EMPLOYMENT

First Applicant HAROLD HIRD Second Applicant

AND: THE CANBERRA COMMERCTAL DEVELOPMENT AUTHORITY