Re: Australian Rail Tram & Bus Ind Union & Ors, Ex parte Public Transport Corporation

The Australian Rail Tram & Bus Industry Union and others sought judicial review of a decision made by the Public Transport Corporation. The dispute concerned the interpretation and application of certain provisions within an industrial award governing the employment of tram drivers.

The central legal issue before the Court was whether the Public Transport Corporation had acted within its powers when it unilaterally varied the terms of employment for its tram drivers, specifically concerning their rostered days off. The applicants contended that these variations were inconsistent with the existing industrial award and therefore unlawful.

Dawson J held that the Public Transport Corporation had indeed acted unlawfully. His Honour reasoned that the award, by its very nature, established a framework for the employment of tram drivers, including provisions for rostered days off. Any unilateral variation by the employer that departed from these established terms, without proper agreement or award variation, constituted a breach of the award. The principle applied was that employers are bound by the terms of registered industrial awards and cannot unilaterally alter them to the detriment of employees. The Court found that the Corporation's actions were not authorised by the award and therefore were invalid.