Zatorski, Lucyna v Australian National Railways Commission [1980] FCA 57

FROM ORAL JUDGMENT IN THE FEDERAL COURT OF AUSTRALIA ) INDUSTRIAL DIVISION S.A. No. 32 of 1979

SOUTH AUSTRALIA DISTRICT REGISTRY

IN THE MATTER of the Conciliation and Arbitration Act 1904

BETWEEN: LUGYNA ZATORSKI Applicant and AUSTRALIAN NATIONAL RAILWAYS COMMISSION Respondent REASONS FOR JUDGMENT

17 April 1980 KEELY J.

This is an application under s.123 of the Conciliation and Arbitration Act 1904 (the Act) by Mrs Lucyna Zatorski (the applicant) for an order that the respondent Australian National Railways Commission (the Commission) pay to the applicant a sum of money being the amount of a payment claimed to be due to her under the provisions of the Salaried Officers (Australian National Railways) Award 1978 (the award). It was announced to the Court that if, contrary to the Commission's argument, the applicant was found by the Court to be employed in the grade or calling of a ticket clerk within the meaning of

the award, then the parties were in agreement as to the

amount of the payment due to the applicant under the award

in respect of the period from 1 March 1978 to 5 April 1980.

The agreed payment due was $8,140.83 if the appropriate rate under the award for her first year of service with the Commission was the salary prescribed for Division 4 and $5,775.30 if the appropriate rate under the award for her first year of service with the Commission was the salary prescribed for Division l

of the Divisions set out in Clause 4 of the award.

An agreed statement of facts was placed before the Court and it established that the applicant was at all relevant times a member of the Australian Railways Union (the union) which was bound by the award. The award came into operation on and from 1 March 1978 (Clause 37) and since that date has bound the respondent Commission "in respect of the officers and members of" certain unions including the Australian Railways Union "employed in any of the grades and callings specified in this award" (Clause 3(b)). The award "supersedes those parts of the Railways Salaried Officers Award 1960 which applied to salaried officers formerly employed by the State Transport Authority - Rail Division, South Australia ... and who transferred their employment to the Australian National Railways Commission on 1 March 1978" (Clause 2A).