The Corporation of the City of Burnside v. The Municipal Officers Association of Australia & Anor [1985] FCA 203

a

Industrial law - award interpretation - whether council

resolutions validly authorised interpretation proceedings -

whether proceedings ratified - whether council should be given opportunity to ratify - vefusal to dismiss or perpetually stay application - matters Board of Reference empowered to decide - whether suitability of employee for

promotion by council 1s a matter assigned to Board -

whether clause ambiguous - relevance of employer's right to choose and promote employees unless clear case of industrial

injustice exists.

Conciliation and Arbitration Act 1904 s.110 Local Government Act 1934 (S.A.) Local Government (Proceedings of Councils) Regulations 1984

The Municipal Officers (South Australia) General Conditions Award 1981, clauses 31,33.

THE CORPORATION OF THE CITY OF BURNSIDE and THE MUNICIPAL OFFICERS' ASSOCIATION OF AUSTRALIA and BRIAN FREDERICK CALLER

No. SA No. 5 of 1985

KEELY d. MELBOURNE

23 May 1985

IN THE FEDERAL COURT OF AUSTRALIA ) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) S.A. No. 5 of 1985

) INDUSTRIAL DIVISION )

BETWEEN:

THE CORPORATION OF THE CITY OF BURNSIDE

(Applicant) AND:

THE MUNICIPAL OFFICERS' ASSOCIATION OF AUSTRALIA and BRIAN FREDERICK

CALLER (Respondent) MINUTE OF ORDER JUDGE MAKING ORDER : Keely d. DATE OF ORDER : 23 May 1985 WHERE MADE : Melbourne THE COURT ORDERS THAT: 1. The application for the order and declaration set out ain

paragraphs 2 and 3 of the notice of motion filed on 18 April 1985, 1s refused.

2. The further hearing of paragraph 1 of that notice of motion is adjourned to a date to be fixed.

3. The further hearing of the application for an interpretation 1s adjourned to a date to be fixed.

4. Liberty to apply is reserved to both parties.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA )