Shop Distributive and Allied Employees v Min for Industrial Affairs

The Shop Distributive and Allied Employees Association (SDAE) sought judicial review of a decision by the Minister for Industrial Affairs (Minister) to refuse registration of a proposed award. The dispute concerned the Minister's power to refuse registration of an award that had been certified by the Industrial Commission of New South Wales. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Minister possessed a discretion to refuse registration of an award that had been certified by the Industrial Commission, or whether certification by the Commission automatically mandated registration by the Minister. This question turned on the interpretation of the relevant provisions of the Industrial Arbitration Act 1940 (NSW).

Brennan and Dawson JJ held that the Minister's power to refuse registration was limited to specific circumstances outlined in the Act, such as where the award was not a proper award or where it was contrary to the public interest. They reasoned that once the Industrial Commission had certified an award, it had fulfilled its statutory function, and the Minister's role was primarily administrative, to give effect to the Commission's decision. The Court emphasised that the Minister could not substitute their own judgment for that of the Commission on the merits of the award.

The High Court ordered that the Minister's decision to refuse registration be quashed and remitted the matter to the Minister with a direction to register the award.