Federal Court of Australia
° IN TIE FEDERAL COURT OF AUSTRALTA
(107) INDUSTRIAL DIVISION
JUDGE MAKING ORDER: DATE OF ORDER:
WHERE MADE:
THE COURT ORDERS:
JUDGMENT No, OH. TE.
V No. 28 of 1977
IN THE MATTER of the Technical Staff (T.A.A.) Award 1974
AND_IN THE MATTER of an application
for an interpretation of -he above Award as varied on 10th May 1977.
ORDER
Keely, J. 23 December 1977.
Melbourne.
That upon the true meaning and intent of the variation of
the Technical Staff (T.A.A.) Award 1974 made on 10 May 1977
by Mr. Justice Coldham inserting a stand down provision
the Australian National Airlines Commission (T.A.A.) did not
have the right to deduct payment for the 13th day of May 1977
from the salaries respectively payable to Peter Christian Hans
Fallscheer, Evert Kampman, David O'Hara, Terence Holbrook,
Maxwell Forbes and Malcolm Evans.
aN IN THE FEDERAL COURT
OF AUSTRALIA
INDUSTRIAL DIVISION V No. 28 of 1977
IN THE MATTER of the Technical Staff! (T.A.A.) Award 1974 | i
AND IN THE MATTER of an application | for an interpretation of the above ., Award as varied on 10th May 1977. '
23 DECEMBER 1977 KEELY, J.
JUDGMENT
This is an application by the Association of Architects, Engineers, Surveyors and Draftsmen of Australia (the Association) for an interpretation of a provision of the
Technical Staff (T.A.A.) Award 1974 (the Award) which was
inserted in the Award by Coldham, J. on 10 May 1977 by way of variation. The Australian National Airlines Commission
(T.A.A.), which I shall call T.A.A., is a respondent to the
Award,
The provision concerned reads as follows:~
"The employer shall have the right to deduct payment for any day an employee cannot be usefully employed because
of a strike or stoppage of work through any cause for . which the employer cannot reascnably he held responsible.
The right given hereunder is subject to the following conditions: ~
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