Crawford Productions Pty Ltd & Anor v Film & Television Production Association of Australia & Ors [1983] FCA 232

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" 1% ' CATCHWORDS

Industrial law - Award - interpretation - annuai leave ~ full pay - ordinary pay - total earnings - total negotiated fee - employment on work covered by the Award at a rate of pay in excess of the

Award minimum rate.

Conciliation & Arbitration Act 1904 (Cth) s.110

CRAWFORD PRODUCTIONS PTY. LTD. & ANOR v. THE FILM AND TELEVISION

PRODUCTION ASSOCIATION OF AUSTRALIA & ORS.

V No. 42 of 1982

Smithers, Keely & Jenkinson JJ.

12 September 1983

Melbourne.

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IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V No. 42 of 1982

Se nade tiettinedl

INDUSTRIAL DIVISION

IN THE MATTER OF The Conciliation and Arbitration Act 1904

Between: CRAWFORD PRODUCTIONS ' PTY. LTD. AND CRAWFORD PRODUCTIONS (FEATURE FILMS) PTY. Lt. ©

~ (Appellants)

And: THE FILM AND TELE- VISION PRODUCTION ASSOCIATION OF AUSTRALIA, THE ACTORS' EQUITY ASSOCIATION OF AUSTRALIA, GRUNDY ORGANISATION PTY. PRODUCTIONS PTY. LTD.

(Respondents )

Judges Making Order: Smithers, Keely & Jenkinson JJ. Date of Order: 12 September 1983

Where Made: Melbourne.

"

ORDER THE COURT ORDERS THAT: 1. That the appeal be allowed and the order appealed

against be set aside.

2. This Court declares:

(a)

Per ret tere pe ee

That the words "full pay" in clause 16(a) of the Actors Television Programs Award 1973 as in force on the date of filing of this application comprehend - in relation to employment as a performer in "serial drama" or "serial comedy" (within the meaning ascribed by clause 4 of the said award to each of those three expressions respectively) pursuant to an agreement in writing in the form set forth in the Schedule to this order made between two parties of whom the employer is bound by the said Award - the sum which is written opposite the words "Total Negotiated Fee" in the Second Schedule to the said agreement in