2003 CSL Pacific Shipping

Re The Maritime Union of Australia & Ors; Ex parte CSL Pacific Shipping Inc [2003] HCA 43 (7 August 2003) –
Gleeson C.J., McHugh J, Gummow J, Kirby J, Hayne J, Callinan J and Heydon J, Order 7 August 2003

Case summary

In an important decision for the shipping industry in Australia, the High Court holds that the Australian Industrial Relations Commission has the jurisdiction to vary an award to cover a foreign company operating a foreign registered ship with a foreign crew while the ship is trading in Australian waters or on a voyage to or from an Australian port. Such a variation therefore requires an employer to afford the crew the minimum conditions of employment contained in the federal award while trading within or about Australian territory