Dundee Fashions Pty Ltd v Clothing & Allied T/U of Australia & Ors [1987] FCA 86

Dundee Fashions Pty Ltd v Clothing & Allied T/U of Australia & Ors [1987] FCA 86

The application was principally instituted to challenge the validity of the award variation of 23 April 1986. Bringing such a challenge under s.110 was entirely misconceived because s.110 concerns interpretation, not validity. In light of that abuse of process and the applicant's lack of any present intention to pursue the application, the application should be struck out.

Jurisdiction
Australia
Judgment Date
02 March 1987
Procedural Posture
Application for Interpretation of an Award Under S.110 of the Conciliation and Arbitration Act 1904 / Respondents' Application to Strike Out
Outcome
Application struck out.
Legal Topics
['award Interpretation' 'validity of Award Variation' 'redundancy' 'severance Pay' 'strike Out' 'abuse of Process']
['industrial Law'] ['award Interpretation' 'validity of Award Variation' 'redundancy' 'severance Pay' 'strike Out' 'abuse of Process']

Case Brief

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Procedural Posture

Application for Interpretation of an Award Under S.110 of the Conciliation and Arbitration Act 1904 / Respondents' Application to Strike Out

Legal Issues

  1. 1 ['Whether the application for interpretation of clause 51 of the Clothing Trades Award 1982 should be struck out rather than adjourned sine die.' 'Whether an application under s.110 of the Conciliation and Arbitration Act 1904 could be used to challenge the validity of an award variation.' 'Whether any live question of interpretation remained after the decision of Mr. Deputy President Riordan.']

Ratio Decidendi

The application was principally instituted to challenge the validity of the award variation of 23 April 1986. Bringing such a challenge under s.110 was entirely misconceived because s.110 concerns interpretation, not validity. In light of that abuse of process and the applicant's lack of any present intention to pursue the application, the application should be struck out.

Court Disposition

Application struck out.

Orders

  • ['The application be struck out.']