Federal Court of Australia
CATCHWORDS
Statutes - Interpretation - Superannuation Act 1976 - Final annual
rate of salary - Whether shift allowances part of salary.
Superannuation Act 1976, ss. 3(1), 5, 67 Superannuation (Salary) Requiations, reg. 4(b)
COMMISSIONER OF SUPERANNUATION v ARNOLD CARPENTER
AUSTRALIAN NATIONAL AIRLINES COMMISSION v ARNOLD CARPENTER AND
COMMISSIONER FOR SUPFERANNUATION NSW Nos. G20-21 OF 1983
CORAM: Bowen C.J., Woodward and Fitzgerald JJ
21 duly 1983
Sydney i
IN THE FEDERAL COURT OF AUSTRALIA No. G20 of 1983
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G21 of 1983 ) )
GENERAL DIVISION
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN : COMMISSIONER OF SUPERANNUATION
Appellant
AND:
ARNOLD CARPENTER
Respondent AND: AUSTRALIAN NATIONAL AIRLINES COMMISSION
Appellant AND:
ARNOLD CARPENTER COMMISSIONER FOR SUPERANNUATION
Respondents
QRDER JUDGES MAKING ORDER: Bowen C.J., Woodward and Fitzgerald JJ.
WHERE MADE: Sydney
DATE: 21 July, 1983
THE COURT ORDERS THAT:
The appeals be dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA
) )
NEW SOUTH WALES DISTRICT REGISTRY } No. G20 of 1993 ) No. G21 of 1983 )
GENERAL DIVISION ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: COMMISSIONER OF SUPERANNUATION Appellant
and
ARNOLD CARPENTER Respondent and AUSTRALIAN NATIONAL AIRLINES COMMISSION Appellant and ARNOLD CARPENTER
COMMISSIONER FOR SUPERANNUATION Respondents
CORAM: Bowen C.J., Woodward and Fitzgerald JJ.
DATE: 21 July, 1983
REASONS FOR JUDGMENT
BOWEN C.J. and WOODWARD J.
The short point for the Court to consider in these appeals 1s whether payments for shift work performed by the respondent on a regular basis for some thirty years before his retirement on 16 September 1977 are to be treated as part of his
salary for purposes of the Superannuation Act 1976 ("the Act").
The Commissioner for Superannuation ruled that they were not, and the Administrative Avpeals Tribunal reversed that Finding. The Commissioner ani the employer have appealed to this
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