Federal Court of Australia
CATCHWORDS
Statutes - Interpretation - Social Security Act 1947 - Whether unemployment due to engagement in industrial action - Whether
contract of employment necessary for participation in industrial action - Whether Tribunal erred in finding that industrial
action continued after 11 November 1980.
Social Security Act 1947, s.107
WAYNE LAURANCE SAVAGE v. DIRECTOR-GENERAL OF SOCIAL SERVICES
N.S.W. G 267 of 1982.
Coram: Bowen C.J., Lockhart and Neaves JJ.
4 August 1983
Sydney
IN THE FEDERAL COURT OF AUSTRALIA )
) NEW SOUTH WALES DISTRICT REGISTRY ) No. G. 267 of 1982
) GENERAL DIVISION )
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL, GENERAL ADMINISTRATIVE DIVISION
BETWEEN ; WAYNE LAURANCE SAVAGE
Appellant AND: DIRECTOR-GENERAL OF SOCIAL SERVICES Respondent ORDER Judges making order: Bowen C.J., Lockhart and Neaves JJ Where made: Sydney Date: 4 August 1983 THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. Wayne Laurance Savage pay to the Director-General of
Social Services his costs of the appeal.
IN THE FEDERAL COURT OF' AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 267 of 1982
GENERAL DIVISION
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL, GENERAL ADMINISTRATIVE DIVISION
BETWEEN : WAYNE LAURANCE SAVAGE Appellant AND: DIRECTOR-GENERAL OF SOCIAL SERVICES Respondent
CORAM: Bowen C.J. Lockhart and Neaves Jd.
4 August 1983
REASONS FOR JUDGMENT
THE COUR: This appeal from a decision of a presidential member
of the Administrative Appeals Tribunal (McGregor J.) pursuant
to s. 44 of the Administrative Appeals Tribunal Act 1975
concerns questions of construction of s. 107 of the Social
Security Act 1947 (formerly the Social Services Act 1947) ("the
Act"). Before considering these questions we shall state the
Material facts.
The appellant, Wayne Laurance Savage, was employed as a
fitter by Tooheys Limited at its brewery at Auburn, New South Wales. He was a member of The Amaigamated Metal Workers' and Shipwrights' Union ("AMWSU"). In August 1980 logs of claims were served on Tooheys Limited for a 35 hour working week,
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