Long Service Leave (Building and Construction Industry) Regulations (Amendment) (ACT)

The Australian Capital Territory Minister of State for Territories, Gordon Glen Denton Scholes, made the Long Service Leave (Building and Construction Industry) Regulations (Amendment) in 1986. The dispute centred on the amendments to the Long Service Leave (Building and Construction Industry) Regulations under the Long Service Leave (Building and Construction Industry) Ordinance 1981. The regulations were amended to include an additional paragraph to the list of awards covered by the regulations, specifically adding the Draughtsmen, Planners and Technical Officers (A.C.T.) Award 1982. The matter was heard in the Australian Capital Territory Supreme Court.

The court was required to determine whether the amendments made by the Minister were within the scope of the authority granted by the Ordinance and whether the amendments were procedurally valid. The court considered whether the Minister had the necessary legislative authority to make the amendments and whether the amendments were consistent with the intent of the original Ordinance. The court also examined whether the necessary procedures were followed when making the amendments, including whether there was adequate consultation and whether the amendments were properly notified.

The court found that the Minister had the authority to make the amendments under the Long Service Leave (Building and Construction Industry) Ordinance 1981. The court also determined that the amendments were consistent with the intent of the original Ordinance and were procedurally valid. The court held that the Minister had followed the necessary procedures in making the amendments, including providing adequate consultation and proper notification. The amendments were therefore deemed to be valid and were upheld by the court.

The court's decision confirmed the validity of the amendments to the Long Service Leave (Building and Construction Industry) Regulations. The inclusion of the Draughtsmen, Planners and Technical Officers (A.C.T.) Award 1982 within the scope of the regulations was upheld, and the amendments were deemed to be in accordance with the Long Service Leave (Building and Construction Industry) Ordinance 1981. The Minister's authority to make the amendments was affirmed, and the procedural validity of the amendments was confirmed.