Re The Vehicle Builders Employees Federation of Australia and an application for an interpretation of the Vehicle Industry - Repair services & retail award 1976 [1979] FCA 18

NU (

: CATCHWORDS \ 3 719 — ,

Industrial law - interpretation of award - The Vehicle Industry - Repair, Services and Retail - Award, 1976 - payment for time whilst employee taking annual leave - whether entitled to over-award payment - Conciliation

and Arbitration Act 1904 s.110.

Re The Vehicle Builders Emplovees' Federation of Australia and an Application for an Interpretation of The Vehicle Industry - Repair, Services and Retail - Award, 1976

V. No. 39 of 1978

Coram: Keely, J.

Date: 9 March 1979

Place: Melbourne.

9/3/74

IN THE FEDERAL COURT OF AUSTRALIA

INDUSTRIAL DIVISION V. No. 39 of 1978

were

VICTORIA DISTRICT REGISTRY

IN THE MATTER of the Conciliation and Arbitration Act 1904

and

IN THE MATTER of The Vehicle

Industry - Repair, Services and Retail - Award, 1976

and

IN THE MATTER of an Application by The Vehicle Builders Employees' Federation of Australia for an interpretation of

the above Award

JUDGE MAKING ORDER: KEELY, J.

DATE OF ORDER: 9 March 1979

WHERE MADE: Melbourne

THE COURT ORDERS

That upon the true meaning and intent of sub-clause 27(k)

of The Vehicle Industry - Repair, Services and Retail -

Award, 1976 Heaths Motors Pty Ltd is obliged to pay to

an employee before going on annual leave the wages he would have received, including any over-award payment, in respect of the ordinary time he would have worked had he not been on

leave during the relevant period.

IN THE FEDERAL COURT OF AUSTRALIA ) ) V. No. 39 of 1978 INDUSTRIAL DIVISION )

IN THE MATTER of the Conciliation and Arbitration Act 1904

and

IN THE MATTER of The Vehicle Industry - Repair, Services and Retail - Award, 1976

and

IN THE MATTER of an Application by The Vehicle Builders Employees' Federation of Australia for an interpretation of the above Award '

REASONS FOR JUUGMENT

9 March 1979 KEELY, J.

This is an application by The Vehicle Builders Employees' Federation of Australia (the Federation) for an interpretation of sub-clause 27(k)(i) of The Vehicle Industry - Repair, Services and Retail - Award, 1976 (the award). Miss Maureen Hickey of counsel appeared for the applicant and Mr Spicer of counsel appeared for Heaths Motors Pty Ltd and the Victorian Automobile Chamber of Commerce (V.A.C.C.). There was no appearance for any other party bound by the award, although affidavits were filed as to service on the organisations of employers and organisations of employees.