Federal Court of Australia
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CATCHWORDS
Industrial Law - claim for balance of salary due - appointment
to a position in a grade or class - Salaried Officers' (Australian National Railways) Award 1978 - Traffic Operation, Workshops
and Miscellaneous Grades (Australian National Railways) Award 1978 - Agreement between Commonwealth of Australia and State
of South Australia re take over of certain railways in South Australia - Railways (Transfer Agreement) Act 1975, (South Australia) s.14 ~- Railways Agreement (South Australia) Act 1975, (Commonwealth) s.13 - Australian National Railways Act 1917 (Commonwealth) as amended, ss.4 and 46 and Division 2 of Part III - Conciliation and Arbitration Act 1904 s.123
Australian National Railways Commission v. Lucyna Zatorski (S.A. No.15 of 1980)
Coram: J.B. Sweeney, Evatt and Northrop JJ.
2 October 1980
Melbourne
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S.A. No. 15 of 1980
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INDUSTRIAL DIVISION
ON APPEAL FROM THE FEDERAL COURT OF AUSTRATA
BETWEEN: AUSTRALIAN NATIONAL RAILWAYS
COMMISSION Appellant (Respondent ) AND: LUCYNA ZATORSKI Respondent (Applicant)
ORDER
JUDGES MAKING ORDER: J.B. SWEENEY, EVATT AND NORTHROP JJ.
DATE OF ORDER: 2 OCTOBER 1980
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: (1) The appeal be allowed.
(2) The order of the Court of 17 April 1980 be set aside.
(3) The application of Lucyna Zatorski dated 18 October 1979 in matter S.A. No.32 of 1979 be dismissed.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S.A. No.15 of 1980
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INDUSTRIAL DIVISION
ON_ APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: AUSTRALIAN NATIONAL RAILWAYS
COMMISSION Appellant (Respondent ) AND: LUCYNA ZATORSKI Respondent (Applicant ) J.B. SWEENEY J. EVATT J. NORTHROP J. REASONS FOR JUDGMENT 2 OCTOBER, 1980
The Australian National Railways Commission, hereinafter called "the Commission", 1s established as a corporate body by the Australian National Railways Act 1917 as amended, hereinafter called "the Act". Prior to 1975 the Act was entitled Commonwealth Railways Act. Subject to the Act, the Commission 1s empowered to conduct railways throughout Australia. In the Act, the words "Railway Service" are defined
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