Poulos, Peter Anthony v Waltons Stores (Interstate) Ltd [1986] FCA 159

Poulos, Peter Anthony v Waltons Stores (Interstate) Ltd [1986] FCA 159

Where the terms of an award have been declared a common rule in the Australian Capital Territory, the award confers rights on all employees and imposes obligations on all employers in the relevant industry, regardless of union membership. As a result, the appellant, though not a union member, was entitled to recover the difference in wages under s.123 of the Conciliation and Arbitration Act 1904, pursuant to the Retail & Wholesale Shop Employees Award 1968 operating as a common rule.

Parties
Appellant: Peter Anthony Poulos; Respondent: Waltons Stores (Interstate) Limited
Jurisdiction
Australia
Judgment Date
22 April 1986
Procedural Posture
Appeal / Appeal Judgment From Single Judge of Federal Court of Australia
Outcome
Appeal allowed
Legal Topics
Common Rule Declarations, Entitlement Under Awards, Employee Rights, Conciliation and Arbitration Act 1904
Industrial Law Common Rule Declarations Entitlement Under Awards Employee Rights Conciliation and Arbitration Act 1904

Case Brief

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Parties

Peter Anthony Poulos

Appellant

Waltons Stores (Interstate) Limited

Respondent

Procedural Posture

Appeal / Appeal Judgment From Single Judge of Federal Court of Australia

Legal Issues

  1. 1 Whether a non-union employee is entitled to the benefit of an award declared as a common rule under the Conciliation and Arbitration Act 1904 in the Australian Capital Territory
  2. 2 Effect of common rule declarations on rights and obligations of employers and employees
  3. 3 Order person classification under Retail & Wholesale Shop Employees Award

Ratio Decidendi

Where the terms of an award have been declared a common rule in the Australian Capital Territory, the award confers rights on all employees and imposes obligations on all employers in the relevant industry, regardless of union membership. As a result, the appellant, though not a union member, was entitled to recover the difference in wages under s.123 of the Conciliation and Arbitration Act 1904, pursuant to the Retail & Wholesale Shop Employees Award 1968 operating as a common rule.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed.
  • Judgment be entered for the appellant in the sum of $6,208.30.