Federal Court of Australia
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CATCHWORDS
Industrial Law - breaches of award - failure to pay award wages - respondent contending student nurses not employees
but grantees of scholarships - whether employees where primary purpose of arrangements is to teach - whether respondent had power to grant scholarships - whether breaches arose out of a course of conduct.
Evidence - admissibility of evidence that respondent in previous
years accepted that student nurses were employees.
Conciliation & Arbitration Act 1904 s. 119.
HEDLEY GORDON ROWE v. CAPITAL TERRITORY HEALTH COMMISSION (A.C.T. No. 2 of 1981)
JUDITH ADELLA COONEY v. CAPITAL TERRITORY HEALTH COMMISSION (A.C.T. No. 3 of 1981)
Coram: KEELY J. Date: 14 January 1982 Place: Melbourne
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IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
INDUSTRIAL DIVISION
BETWEEN: HEDLEY GORDON ROWE
Applicant.
AND: CAPITAL TERRITORY HEALTH COMMISSION
Respondent
(ACT No.2 of 1981)
BETWEEN: JUDITH ADELLA COONEY
Applicant
AND: CAPITAL TERRITORY HEALTH COMMISSION
Respondent
{ACT No.3 of 1981)
REASONS FOR JUDGMENT
14 January 1982 KEBLY d.
The Capital Territory Health Commission (the respondent
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2. commission) by its defence admitted that it is and was at all material times a body established by the Health Commission Ordinance of the Australian Capital Territory capable of being sued and that it is a party to the Hospital Employees etc. (Nursing Staff A.C.T.) Award 1980 and was a party to previous relevant awards. The current award was made on 16 February 1981 and was expressed to operate from the beginning of the first pay period to commence on or after 17 November 1980. It superseded, inter alia, the Hospital Employees etc. (Nursing Staff A.C.T.) Award 1966 and it was not disputed that the two awards were in substantially the same terms. In these reasons the word "award" may be used to refer to either or both of the awards as the context requires; 1f 1t becomes necessary to refer to only one
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