Federal Court of Australia
CATCHWORDS
Industrial Law - anterpretation of Award - s.110
Conciliation and Arbitration Act, 1904 - engineman released from duty during broken shift - whether time "in traffic" -
discretion.
Interpretation of instruments - admissibility of extrinsic Material where no patent ambiguity - inadmissibility of
""parties' subsequent conduct on construction.
Words and Phrases - "traffic".
STATE RAIL AUTHORITY OF NEW SOUTH WALES v. AUSTRALIAN FEDERATED UNION OF LOCOMOTIVE ENGINEMEN
No. 39 of 1984
Beaumont, J. 12 July 1985 Sydney
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES REGISTRY No. 39 of 1984
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INDUSTRIAL DIVISION
BETWEEN : STATE RAIL AUTHORITY OF NEW SOUTH WALES Applicant AND: AUSTRALIAN FEDERATED UNION OF
LOCOMOTIVE ENGINEMEN
Respondent
MINUTES OF ORDER
Judge making order: Beaumont, J. Date order made: 12 July 1985.
Where made: Sydney
THE COURT ORDERS THAT:
1. Declare that, on the interpretation of The
Locomotive Enginemen's Award, 1966, where an engineman 15
"booked off" or otherwise released from duty during a broken shift, that interval of time is not time "in traffic" within
the meaning of cl.20(c) in Part II of the said Award.
5 : Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES REGISTRY No. 39 of 1984
INDUSTRIAL DIVISION
BETWEEN : STATE RAIL AUTHORITY OF NEW SOUTH WALES Applicant AND: AUSTRALIAN FEDERATED UNION OF
LOCOMOTIVE ENGINEMEN
Respondent
Beaumont, J.
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12 July 1985.
REASONS FOR JUDGMENT:
The applicant, State Rail Authority of New South
Wales, applies pursuant to s.110 of the Conciliation and Arbitration Act, 1904 ("the Act") for the interpretation of
certain provisions of The Locomotive Enginemen's Award, 1966
("the Award"). The applicant, as successor to the Public Transport Commission of New South Wales, and the respondent, Australian Federated Union of Locomotive Enginemen, are
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