Professional Radio & Electronics Institute of Australasia v Qantas Airways Ltd [1984] FCA 476

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IN THE FEDERAL COURT OF AUSTRALIA \ aA NEW SOUTH WALES DISTRICT REGISTRY N.S.W. No. 22 of 1984

INDUSTRIAL DIVISTON

BETWEEN : PROFESSIONAL RADIO AND ELECTRONICS INSTITUTE OF AUSTRALASIA Applicant AND:

QANTAS AIRWAYS LIMITED

Respondent

EX TEMPORE REASONS FOR JUDG

JUDGE: GRAY J.

DATE: 27TH NOVEMBER 1984 . A "yy ay\\ By application dated 7th June 1984, the Applicant seeks an interpretation of the Aircraft Industry (Qantas Airways Limited) Award 1980, ("the Award"). The Application 15 made

Pursuant to s. 110 of the Conciliation and Arbitration Ack 1904,

("the Act"). The Applicant 1S an organization of employees registered pursuant to the Act and is bound by the Award. The

Respondent is also bound by the Award. Service has been efferted

- 2- on a number of other organizations of employees bound by the

Award, but no party other than the Applicant and the Respondent

has appeared.

The precise provision of which interpretation 15 sought 1s the first sentence of cl. 21(a)(v) which 15 1n the following

terms:

"Ospy Should any of the public holidays fall ona day en which a shift worker 1s rostered off he shall be entitled to a day off at ordinary time therefore[sic.J3, which day off shall be available to him on application made to the company and by mutual arrangement."

The question submitted for determination is:

Whether upon a proper interpretation of the provisions

of the Aircraft Industry (Qantas Airways Limited) Award

1980 an employee to whom the Award applies who 15 engaged to work his allotted span of hours, 7.00am_ to 3.00pm or 2.45pm to 10.45pm or 3.30pm to 11.30pm throughout Monday to Friday inclusive only and whose ordinary working hours do not require him to work on any public holidays, Saturdays or Sundays, is entitled to receive the benefit provided by cl. 21l(a)(v) of the said Award in respect of a public holiday which falls upon a