Federal Court of Australia
CATCHWORDS
Industrial law - Interpretation of award - clause providing for payment of wages - stand down provisions - whether clause confers right on employer to deduct payment
Conciliation and Arbitration Act, 1904, s.110
N.S.W. 22 of 1979
re BUILDING WORKERS INDUSTRIAL UNION OF AUSTRALIA
Application for interpretation of THE CARPENTERS, JOINERS AND BRICKLAYERS (AUSTRALIAN CAPITAL TERRITORY) AWARD, 1963
Coram: J.B. Sweeney J. Sydney 29 October, 1979
ene nas
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. 22 of 1979
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INDUSTRIAL DIVISION
IN THE MATTER of the Conciliation and Arbitration Act, 1904
AND IN THE MATTER of an application by the Building Workers Industrial Union
of Australia for an interpretation of the CARPENTERS, JOINERS AND BRICKLAYERS (AUSTRALIAN CAPITAL TERRITORY) AWARD, 1963
ORDER
JUDGE MAKING ORDER: J.B. Sweeney J. DATE OF ORDER: 29 October, 1979
WHERE MADE: Sydney
THE COURT ORDERS THAT:
The application be dismissed.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. 22 of 1979 ) )
INDUSTRIAL DIVISION
IN THE MATTER of the Conciliation and Arbitration Act, 1904
AND IN THE MATTER of an application by the Building Workers Industrial Union ef Australia for an interpretation of the CARPENTERS, JOINERS AND BRICKLAYERS i (AUSTRALIAN CAPTTAL TERRITORY) AWARD, 1963
J.B. SWEENEY J. 29 October, 1979
REASONS FOR JUDGMENT
This is an application by the Building Workers Industrial Union of Australia ("the Union") for interpretation of the
Carpenters, Joiners and Bricklayers (Australian Capital
Territory) Award, 1963 ("the award"). The clause to be
considered 1s paragraph (e) of Clause 36 - Payment of Wages
which provides:
"provided that no provision contained in this award shall affect the right of a private employer to deduct payment for any day an employee cannot be usefully employed because of any strike or stoppage
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