Lucyna Zatorski v State Rail Authority of South Australia [1983] FCA 208

CATCHWORDS

Industrial law - claim for amount in respect of position

described as "ticket clerk" - appellant not formally engaged or appointed as "ticket clerk" - whether the duties which the appellant was employed to perform were those of a "ticket clerk" - relationship of classifications of employment in

the award to classifications adopted by the employer pursuant

to statute.

Conciliation & Arbitration Act 1904 (Cwth) s.123.

Railways Salaried Cfficers Award 1960 (Cwth) LUCYNA ZATORSKI v. THE STATE RATLWAY AUTHORITY OF SOUTH AUSTRALIA

S.A. No. 17 of 1983

Smithers, Northrop & Morling JJ.

23 August 1983

Melbourne.

IN THE FEDERAL COURT OF AUSTRALIA )

) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. S.A. 17 of 1983

)

INDUSTRIAL DIVISION

BETWEEN : LUCYNA ZATORSKI

Appellant

AND: THE STATE RATLWAY AUTHORITY OF SOUTH AUSTRALIA

Respondent

Judges Making Order: Smithers, Northrop and Morling JJ.

Date of Order: 23 August 1983 Where Made: Melbourne. ORDER

THE ORDER OF THE COURT IS THAT:

The appeal be dismissed.

co

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY No. SA 17 cf 1983

ee ee

INDUSTRIAL DIVISION

BETWEEN: LUCYNA ZATORSKI Appellant AND: THE STATE RAITLWAY

AUTHORITY OF SOUTH AUSTRALIA

Respondent CORAM: Smithers, Northrop and Morling JJ. 23 August 1983 REASONS FOR JUDGMENT SMITHERS AND MCRLING JJ.: This 1s an appeal from a

decision of a judge of this court dismissing an

application made under s.123 of the Conciliation and

Arbitration Act 1904, as amended, by Mrs Zatorsk1 ("the

appellant"). The appellant alleges that she was no

paid wages due to her whilst she wes employed by th

Dp

respondent during the period from Ist July 1973 to 2% February 12978.

When the application first came before the learned trial judge he dismissed it on a preliminary

point of law. An eppeal from that decision to the Full

Court succeeded - see Zatorski v South Australian