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Dollar Sweets dispute

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ending the next day. In his judgement, Murphy described the picketing as "stupid and nihilistic." He ruled that this was not a "lawful form of picketing, but a... nuisance involving obstruction, harassment, and besetting". It was beside the point that there were specialist courts for industrial disputes. "This court is not without power ... and should intervene". He issued an interlocutory injunction against the picket, The common law damages claim was settled in April 1988, when the union paid the sum of $ 175,000 to Dollar Sweets as compensation for the losses it suffered as a result of the picket.
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In July 1985, the Federated Confectioners Association started a campaign with employers for a 36-hour week. Although this breached Arbitration Commission wage-fixing principles, the union had never agreed to accept those principles. When the union demanded negotiations with Stauder on a 36-hour week,
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By October 1985, the company was still refusing to reinstate the sacked workers but through the Conciliation and Arbitration Commission had provided "an offer to assist in finding alternate employment within the industry and also to supply references to those people." Commissioner Bain recommended
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Stauder offered his 27 employees that if they wished to continue to receive over-award pay for a (below-award) 38-hour week, they could do so if they signed a no-strike agreement; but, if they wanted to work a 36-hour week, they would have to find it elsewhere. Twelve employees accepted Stauder's
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The company alleged union interference with contractual relations, intimidation, nuisance, and a conspiracy to injure the plaintiff and sought an injunction and punitive damages. Victorian Supreme Court Justice Peter Murphy gave judgement, issued restraining orders on 12 December with the picket
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which provided employer superannuation, reduced taxation and other social gains in return for unions agreeing to not pursue excessive wage claims. At the same time, centralised wage fixing was introduced in September 1983 where indexed wage rises were automatically granted to those workers whose
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A number of bomb and arson threats were made against Dollar Sweets and one strike-breaking driver was assaulted and his truck vandalised. At one point, phone and telex lines were cut to the factory with telecom workers refusing to cross the picket line to repair the services.
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The company owner, Fred Stauder, proposed an agreement with his employees in November 1983, that if they agreed to abide by the principles of the Arbitration Commission, the company would pay them the prescribed increases. All 27 employees agreed to the proposal.
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Stauder told the union he could not afford to reduce hours and offered to show his accounts to the union. A reduction in hours would have also broken the 1983 agreement Stauder had reached with his employees.
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offer, whereas the other 15 refused to sign the no-strike agreement and were subsequently sacked by the company, with the company employing another 15 workers in their place on existing conditions.
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On 22 July 1985, a picket line was established by the sacked workers outside the Dollar Sweets factory. The picket line remained for 143 days, with the company refusing to reinstate the workers.
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It became a cause celebre for the big end of town and lawyers started to realise they could make money ripping off the pay and conditions of workers.
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employing 27 people on a 38-hour week basis. The award for the industry specified a 40-hour week. The Hawke Government and the
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It was when the social contract between workers, business and the government started to collapse,
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to resolve a dispute after industrial courts proved ineffective. It was the first time a
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was forced to pay common law damages to an employer for losses suffered through
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Dollar Sweets Pty Ltd and The Federated Confectioners Association of Australia
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Fred Stauder sold Dollar Sweets Holding Limited in 1999, which is now called
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Dollar Sweets Pty Ltd v Federated Confectioners Association of Australia
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unions undertook to abide by the Arbitration Commission's principles.
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The End of Certainty: Power, Politics, and Business in Australia
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Dollar Sweets was a confectionery company on Malvern Rd in the
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Dollar Sweets received strong support and assistance from
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In Search of the Magic Pudding: The Dollar Sweets Story
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to represent the company. The case was financed by the
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to lead junior barrister and future federal Treasurer
398: 89:Federated Confectioners Association of Australia 314: 312: 310: 308: 370: 305: 180:as a great victory against militant unionism 273:Australian Industrial Relations Commission 245: 241: 239: 128:Confectionery Manufacturers of Australia 236: 399: 190:Australian Manufacturing Workers Union 174:Peter Costello described the case as " 284: 39:verdict and damages in a case in the 87:Several small unions, including the 16:1985 industrial dispute in Australia 373:"Fred's place in political history" 13: 31:with major legal ramifications in 14: 453: 176:It came to be bracketed with the 126:, chief executive officer of the 320:"The sweets of a famous victory" 35:where an employer resorted to a 417:1985 labor disputes and strikes 371:Peter Costello (26 July 2006). 364: 340: 278: 258: 210: 98: 91:, refused to join the accord. 1: 285:Kelly, Paul (December 1994). 203: 153:Victorian Chamber of Commerce 62: 427:Labour disputes in Australia 357:383 (12 December 1985), 162: 7: 432:Labour history of Australia 422:History of Victoria (state) 10: 458: 442:1980s in Victoria (state) 378:The Sydney Morning Herald 325:The Sydney Morning Herald 178:Mudginberri Abattoir case 132:Supreme Court of Victoria 41:Supreme Court of Victoria 271: (22 October 1985), 233:, Accessed 6 August 2008 351:[1986] VicRp 38 269:[1985] AIRC 403 188:, the secretary of the 437:1985 in Australian law 291:. Allen & Unwin. 231:H.R. Nicholls Society 21:Dollar Sweets dispute 254:on 23 December 2007. 224:19 July 2008 at the 33:industrial relations 23:in 1985 was a small 169:Snack Foods Limited 79:had entered into a 73:Glen Iris, Victoria 25:industrial dispute 412:1985 in Australia 407:Arbitration cases 298:978-1-86373-757-9 229:Published by the 134:, with solicitor 449: 391: 389: 387: 385: 368: 362: 344: 338: 337: 335: 333: 316: 303: 302: 282: 276: 262: 256: 255: 250:. Archived from 246:Peterson, Eric. 243: 234: 214: 146: 457: 456: 452: 451: 450: 448: 447: 446: 397: 396: 395: 394: 383: 381: 369: 365: 345: 341: 331: 329: 318: 317: 306: 299: 283: 279: 263: 259: 244: 237: 226:Wayback Machine 216:Peter Costello 215: 211: 206: 165: 142: 124:Richard Mulcahy 101: 65: 17: 12: 11: 5: 455: 445: 444: 439: 434: 429: 424: 419: 414: 409: 393: 392: 363: 339: 328:. 26 July 2006 304: 297: 277: 257: 235: 208: 207: 205: 202: 164: 161: 149:Peter Costello 136:Michael Kroger 100: 97: 64: 61: 57:Peter Costello 15: 9: 6: 4: 3: 2: 454: 443: 440: 438: 435: 433: 430: 428: 425: 423: 420: 418: 415: 413: 410: 408: 405: 404: 402: 380: 379: 374: 367: 360: 359:Supreme Court 356: 352: 348: 343: 327: 326: 321: 315: 313: 311: 309: 300: 294: 290: 289: 281: 274: 270: 266: 261: 253: 249: 242: 240: 232: 228: 227: 223: 220: 213: 209: 201: 199: 195: 191: 187: 183: 181: 179: 172: 170: 160: 156: 154: 150: 145: 141: 140:Alan Goldberg 137: 133: 129: 125: 120: 116: 112: 109: 105: 96: 92: 90: 85: 82: 78: 74: 70: 60: 58: 54: 50: 46: 42: 38: 34: 30: 26: 22: 382:. Retrieved 376: 366: 346: 342: 330:. Retrieved 323: 287: 280: 264: 260: 252:the original 217: 212: 197: 193: 186:Doug Cameron 184: 175: 173: 166: 157: 121: 117: 113: 110: 106: 102: 93: 86: 81:wages accord 66: 20: 18: 99:The dispute 45:trade union 401:Categories 204:References 71:suburb of 63:Background 37:common law 163:Aftermath 138:engaging 69:Melbourne 53:Australia 49:picketing 29:Australia 384:6 August 332:6 August 222:Archived 196:" and " 361:(Vic). 295:  349: 267: 386:2008 334:2008 293:ISBN 77:ACTU 19:The 353:, 182:". 51:in 27:in 403:: 375:. 355:VR 322:. 307:^ 238:^ 200:" 171:. 155:. 144:QC 390:. 388:. 336:. 301:. 275:.

Index

industrial dispute
Australia
industrial relations
common law
Supreme Court of Victoria
trade union
picketing
Australia
Peter Costello
Melbourne
Glen Iris, Victoria
ACTU
wages accord
Federated Confectioners Association of Australia
Richard Mulcahy
Confectionery Manufacturers of Australia
Supreme Court of Victoria
Michael Kroger
Alan Goldberg
QC
Peter Costello
Victorian Chamber of Commerce
Snack Foods Limited
Mudginberri Abattoir case
Doug Cameron
Australian Manufacturing Workers Union
In Search of the Magic Pudding: The Dollar Sweets Story
Archived
Wayback Machine
H.R. Nicholls Society

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