Zatorski, Lucyna v The South Australian Railways Commissioner and/or the General Manager of the State Transport Authority of South Australia [1983] FCA 70

CATCHWORDS

Industrial Law - recovery of wages due under award - whether

applicant an employee in the legal sense - if an employee, which of two awards applies - construction of relevant awards -

distinction between "salaried officer" and "employee".

Conciliation and Arbitration Act 1904 (Cth) s.123 South Australian Railways Commissioner's Act 1936(S.A.)

South Australian Railways Commissioner's Act Amendment Act 1938 (S.A.)

Railways Salaried Officers Award 1960 as varied. Railways Traffic, Permanent Way and Signalling Wages Staff Award 1960 as varied.

LUCYNA ZATORSKI -v- THE SOUTH AUSTRALIAN RAILWAYS COMMISSIONER AND/OR THE GENERAL MANAGER OF THE STATE TRANSPORT AUTHORITY OF SOUTH AUSTRALIA

(S.A. No.3 of 1978)

Evatt J. 26.4.83 Adelaide

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY)S.A. No.3 of 1978

) INDUSTRIAL DIVISION ) IN THE MATTER of the Conciliation and Arbitration Act 1904, s.123

AND IN THE MATTER of the Railways Salaried Officers Award 1960 as varied

BETWEEN: LUCYNA ZATORSKI Applicant

AND: THE SOUTH AUSTRALIAN RAILWAYS COMMISSIONER AND/OR THE GENERAL MANAGER OF THE STATE TRANSPORT AUTHORITY OF SOUTH AUSTRALIA Respondents

ORDER

JUDGE MAKING ORDER: EVATT J. DATE OF ORDER: 26 April 1983 WHERE MADE: Adelaide

THE COURT ORDERS THAT: The application be dismissed.

DISTRICT REGISTRAR

Date Entered:

IN THE FEDERAL COURT OF BESTE ALES) SOUTH AUSTRALIA DISTRICT REGISTRY) S.A. No. 3 of 1978

) INDUSTRIAL DIVISION )

IN THE MATTER of the Conciliation and Arbitration Act 1904, s.123 ,

AND IN THE MATTER of the

Railways Salaried Officers Award 1960 as varied

BETWEEN: LUCYNA ZATORSKI Applicant

AND: THE SOUTH AUSTRALIAN RAILWAYS COMMISSIONER AND/OR THE GENERAL MANAGER OF THE STATE TRANSPORT AUTHORITY OF SOUTH AUSTRALIA

Respondents

EVATT J. 26 April 1983

REASONS FOR JUDGMENT

This is an application filed on 24 October 1978 by Lucyna Zatorski against the South Australian Railways Commissioner and/or the General Manager of the State Transport Authority of South Australia (the S.T.A.) wherein the applicant claims, pursuant to s.123 of the Conciliation and Arbitration Act 1904 (the Act), that she is entitled to recover from the respondents certain sums of money by way of salary for various periods of her employment by the respondents as a ticket clerk in accordance with the provisions of the Railways Salaried Officers Award 1960 as varied, an award made under the Act. The relevant