Chubb Security Aust Pty Ltd v Smith [1999] FCA 1340

Chubb Security Aust Pty Ltd v Smith [1999] FCA 1340

Mere receipt by the Union of a document does not constitute the Union's agreement or participation in an arrangement required by cl 11(e)(ii) of the Security Industry (NSW) Award 1994; without conduct or action evidencing agreement, no valid arrangement exists under the Award for extended ordinary hours exceeding ten per day.

Parties
Appellant: Chubb Security Australia Pty Ltd; Respondent: Robert William James Smith
Jurisdiction
Australia
Judgment Date
20 September 1999
Procedural Posture
Appeal / Post Trial Judgment
Outcome
Appeal dismissed
Legal Topics
Workplace Agreements, Union Participation, Interpretation of Awards
Industrial Relations Workplace Agreements Union Participation Interpretation of Awards

Case Brief

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
Sign in to unlock

Parties

Chubb Security Australia Pty Ltd

Appellant

Robert William James Smith

Respondent

Procedural Posture

Appeal / Post Trial Judgment

Legal Issues

  1. 1 Whether receipt of a document by the Union constitutes Union agreement for the purpose of extended daily ordinary hours arrangement under cl 11(e) of the Security Industry (NSW) Award 1994
  2. 2 Whether the arrangement for extended working hours was valid under the Award

Ratio Decidendi

Mere receipt by the Union of a document does not constitute the Union's agreement or participation in an arrangement required by cl 11(e)(ii) of the Security Industry (NSW) Award 1994; without conduct or action evidencing agreement, no valid arrangement exists under the Award for extended ordinary hours exceeding ten per day.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.