Roundstreet Pty Ltd v. Brown, J. [1987] FCA 19

Roundstreet Pty Ltd v. Brown, J. [1987] FCA 19

Section 60(1) of the Conciliation and Arbitration Act precludes the Federal Court from questioning the validity of the naming of Pacific Tours as a party to the 1978 Award as the award is in proper form, made within apparent jurisdiction, and does not on its face exceed power. Consequently, Roundstreet Pty. Ltd. was bound by the Award during the relevant period, and the appeal must be dismissed.

Parties
Appellant (respondent): Roundstreet Pty. Ltd.; Respondent (applicant): John Brown
Jurisdiction
Australia
Judgment Date
29 January 1987
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Binding Effect of Awards, Proper Party to Award, Challenge to Award Under Conciliation and Arbitration Act, Jurisdiction to Review Awards
Industrial Law Binding Effect of Awards Proper Party to Award Challenge to Award Under Conciliation and Arbitration Act Jurisdiction to Review Awards

Case Brief

Summary, issues, holding and outcome

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Parties

Roundstreet Pty. Ltd.

Appellant (respondent)

John Brown

Respondent (applicant)

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Was Roundstreet Pty. Ltd. (formerly Australian Pacific Tours Pty. Ltd.) bound by the Transport Workers' (Passenger Vehicles) Award 1978 between 22 May 1981 and 1 March 1983?
  2. 2 Was Pacific Tours properly named as a party to the 1978 Award?
  3. 3 Can the validity of Pacific Tours being named as party to the Award be challenged in the Federal Court?

Ratio Decidendi

Section 60(1) of the Conciliation and Arbitration Act precludes the Federal Court from questioning the validity of the naming of Pacific Tours as a party to the 1978 Award as the award is in proper form, made within apparent jurisdiction, and does not on its face exceed power. Consequently, Roundstreet Pty. Ltd. was bound by the Award during the relevant period, and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.