Application by the Vehicle Builders Employees Federation of Australia for an Interpretation at the General Motors Holden Ltd (Part 1) General Awards 1978 [1980] FCA 91

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CATCHWORDS

Industrial law - Interpretation of award - Entitlement of

employee to payment for sick leave, etc. during stand down

periods.

GENERAL MOTORS-HOLDEN'S LTD. (PART 1) GENERAL AWARD 1978

Application by the VEHICLE BUILDERS EMPLOYEES' FEDERATION OF AUSTRALIA for an interpretation of the GENERAL MOTORS-HOLDEN'S

LTD. (PART 1) GENERAL AWARD 1978

N.S.W. No. 13 of 1980 Coram: J.B. Sweeney J. Sydney

26 June, 1980

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IN THE FEDERAL COURT OF AUSTRALIA

INDUSTRIAL DIVISION ) N.S.W. No. 13 of 1980 ) )

NEW_SOUTH WALES DISTRICT REGISTRY

IN THE MATTER of the Conciliation and Arbitration Act, 1904

AND IN THE MATTER of an application by

the VEHICLE BUILDERS EMPLOYEES' FEDERATION OF AUSTRALIA for an interpretation of the

GENERAL MOTORS~HOLDEN'S LTD. (PART 1) GENERAL AWARD 1978

JUDGE MAKING ORDER: J.B. Sweeney J. DATE OF ORDER: hed 26 June, 1980 WHERE MADE: Sydney

THE COURT ORDERS THAT:

The said award be interpreted in the manner following:

1. Clause 6(g) of the award does not entitle an employer to

stand down and make deductions from payments due to an employee

under clauses 23, 24, 26 or 28.

2. If an employee to whom notice of stand down is given is at the time absent on sick leave as prescribed by clause 25, the said award does not authorise any deduction during the period he

is so incapacitated and in receipt of sick leave.

3. If during a period an employee is stood down and is unable to attend for work by reason of illness or injury, as prescribed by clause 25, it is a question of fact to be determined by the employer subject to the decision of a board of reference whether

his absence is due to such illness or injury or due to the stand

d=vwn and in the former event, subject to compliance with clause 25,

2. he is entitled to payment of wages without any deduction for his

absence on that day.