Federal Court of Australia
CATCHWORDS:
REMUNERATION - Academic salaries - Determination and reports by Academic Salar1res Tribunal concerning salaries etc - Request by
Commonwealth for report on phasing in recommended increases - " Power of Tribunal to vary cetrospectively already accrued salaries - Power of Tribunal to conduct inquiry Limited to
phasing in. Remuneration Tribunals Act 1972 ss. 12B, 12C, 12D, 12DD.
Australian Broadcasting Tribunal v. Saatchi and Saatchi
Compton (Vic) Proprietary Limited (1985) 60 A.L.R. 756 referred to.
FEDERATION OF AUSTRALIAN UNIVERSITY STAFF ASSOCIATIONS & ORS v. ACADEMIC SALARIES TRIBUNAL & ORS. VG 43 OF 1985.
EVATT, NEAVES AND WILCOX JJ. SYDNEY 19 NOVEMBER 1985
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
JUDGES MAKING ORDERS : DATE OF ORDERS: WHERE MADE:
BETWEEN ;
No. VG 43 of 1985
FEDERATION OF AUSTRALIAN UNIVERSITY STAFE ASSOCIATIONS
AUSTRALIAN NATIONAL UNIVERSITY STAFF ASSOCIATION
FEDERATION OF COLLEGE ACADEMTCS
FRANCIS NEIL HARPLEY
Appellants
ACADEMIC SALARIES TRIBUNAL (THE HONOURABLE MR JUSTICE J.T. LUDEKE)
COMMONWEALTH OF AUSTRALIA
Respondents
MINUTE OF ORDERS
EVATT, NEAVES AND WILCOX JJ.
19 NOVEMBER 1985
SYDNEY
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THE COURT HEREBY ORDERS THAT:
1. The appeal be allowed.
2. Order 1 made by Smithers J.on 12 February 1985 be set aside and in lieu thereof the following
orders be made:
"1. Declare that the determination of the Academic Salaries Tribunal dated 5S June
1984 relating to the salaries per annum to be paid to the academic staff employed within the Australian National University, the Canberra College of Advanced Education, the Australian Maritime College and the Australian Film and Television School is wholly invalid.
1A. Declare that the two reports of the Academic Salaries Tribunal dated 5 June 1984 relating respectively to the rates of salaries of academic staff of institutions of tertiary education other than Commonwealth institutions of tertiary education that should be used as a basis for making grants in respect of recurrent expenditure in connection with those institutions and to the salaries to be paid to Vice-Chancellors, Deputy Vice-Chancellors, Principals and Deputy Principals are each wholly invalid."
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