Belton v General Motors-Holden's Ltd [No 2] [1984] HCA 54

Belton v General Motors-Holden's Ltd [No 2] [1984] HCA 54

Clause 6(f) of the 1982 Award is the exclusive source of the employer's right to terminate employment, including in cases of retrenchment under cl. 6(b). Clause 6(i) preserves employees' rights under s. 15(1)(e) of the State Act generally, and nothing in the Award excludes the operation of s. 15(1)(e) in cases of...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment After Hearing
Outcome
Appeal allowed
Legal Topics
['inconsistency Between State and Federal Law' 'industrial Awards' 'termination of Employment' 'retrenched Employees' 'prohibition Orders']
['industrial Law' 'constitutional Law'] ['inconsistency Between State and Federal Law' 'industrial Awards' 'termination of Employment' 'retrenched Employees' 'prohibition Orders']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 ['Whether s. 15(1)(e) of the Industrial Conciliation and Arbitration Act 1972 (SA) is inconsistent with the federal Conciliation and Arbitration Act 1904 (Cth) via the 1982 Award and thus invalid to the extent of inconsistency by s. 109 of the Constitution' 'Whether the 1982 Award excludes the operation of s. 15(1)(e) in cases of retrenchment']

Ratio Decidendi

Clause 6(f) of the 1982 Award is the exclusive source of the employer's right to terminate employment, including in cases of retrenchment under cl. 6(b). Clause 6(i) preserves employees' rights under s. 15(1)(e) of the State Act generally, and nothing in the Award excludes the operation of s. 15(1)(e) in cases of retrenchment. Thus, the State Act is not inconsistent with the federal Award to that extent and remains operative.

Court Disposition

Appeal allowed

Orders

  • ['Order of the Full Court of the Supreme Court of South Australia set aside.' 'Order that the order nisi for prohibition be discharged.' "Respondent to pay appellant's costs in this Court and in the Supreme Court."]