Australian Chamber of Commerce and Industry v Australian Council of Trade Unions

The Australian Chamber of Commerce and Industry sought judicial review of a decision by the Fair Work Commission (FWC) to include an allowance for employees in the County of Yancowinna, New South Wales, in a modern award. The Australian Council of Trade Unions intervened in the proceeding in support of the FWC’s decision. The Fair Work Act 2009 (Cth) provided that an allowance could be included in a modern award if it was not prohibited by section 154(1). The Chamber argued that the allowance was prohibited because it was not an “industrial consideration” within the meaning of section 139(1)(g)(iii) of the Act. The Council of Trade Unions submitted that the allowance was properly construed as a disability allowance and therefore not prohibited by section 154(1). The court was required to determine whether the allowance was properly construed as a disability allowance, and if so, whether it was prohibited by section 154(1). The court found that the allowance was properly construed as a disability allowance. The court found that the allowance was not prohibited by section 154(1) because it was a disability allowance within the meaning of section 139(1)(g)(iii) of the Act. The application was dismissed, and costs were awarded to the Council of Trade Unions.